Employment Law Australia

Unfair Dismissal

If you have been dismissed from your job and believe the decision was harsh, unjust, or unreasonable, you may have a claim for unfair dismissal under the Fair Work Act 2009 (Cth). To be eligible, you must have completed the minimum employment period — generally six months, or 12 months if your employer is a small business — and your position must be covered by the national workplace relations system. Our lawyers can assess your eligibility, help you prepare and lodge your application with the Fair Work Commission within the strict 21-day time limit, and represent you at conciliation and arbitration hearings to pursue the best possible outcome.

General Protections (Adverse Action)

General protections provisions in the Fair Work Act prohibit employers from taking adverse action against an employee because they have exercised a workplace right, engaged in industrial activity, or because of a discriminatory reason such as race, sex, age, or disability. Adverse action can include dismissal, demotion, reduction in hours, or changes to duties. These claims are often more powerful than unfair dismissal applications and may be available to employees who do not meet the eligibility criteria for unfair dismissal. Our lawyers can advise you on which avenue is most appropriate for your circumstances and guide you through the entire process.

Workplace Discrimination and Harassment

Employees in Australia are protected from discrimination and harassment on the basis of a range of attributes, including age, sex, race, disability, pregnancy, religion, and sexual orientation, under both federal and state legislation. Workplace sexual harassment is a serious issue that can give rise to civil liability, and recent legislative reforms have introduced a positive duty on employers to take reasonable and proportionate steps to eliminate it. Our employment lawyers can advise employees on how to make a complaint to the relevant authority — such as the Australian Human Rights Commission or a state equal opportunity body — and can assist employers in implementing compliant policies and responding to complaints appropriately.

Redundancy and Entitlements

A genuine redundancy occurs when an employer no longer requires a particular job to be performed by anyone, due to operational changes. However, not all redundancies are genuine, and employees are entitled to certain minimum entitlements upon redundancy, including redundancy pay based on their period of continuous service and proper notice. Where a redundancy is not genuine, or where an employer has failed to comply with consultation obligations under a modern award or enterprise agreement, an employee may pursue an unfair dismissal claim. Our lawyers advise both employees and employers on redundancy processes, entitlements, and the steps required to minimise legal risk.

Employment Contracts and Workplace Policies

A well-drafted employment contract is the foundation of any productive employment relationship. Our lawyers assist employers in drafting and reviewing contracts that clearly set out the terms of employment, protect confidential information, and include enforceable restraint of trade and post-employment obligations where appropriate. We also assist employees in understanding their contractual rights before signing, identifying potentially unfair or unlawful terms, and negotiating more favourable conditions. For employers, we advise on the development of workplace policies — including codes of conduct, social media policies, and performance management frameworks — that are consistent with legal requirements and reflect best practice.

Wages, Entitlements, and Underpayment Claims

Employees in Australia are entitled to be paid at least the minimum wage under the applicable modern award, enterprise agreement, or the national minimum wage order. Underpayment of wages is a serious and increasingly scrutinised issue, with the Fair Work Ombudsman actively pursuing employers who fail to pay their workers correctly. Employees who have been underpaid may be entitled to recover back-pay for up to six years, along with interest and penalties in some cases. Our lawyers act for both employees seeking to recover unpaid wages and entitlements, and for employers responding to underpayment claims or seeking to implement compliant pay structures and record-keeping systems.