When your working life is disrupted — through a dismissal you believe was unjust, a workplace environment that has become hostile or unsafe, a redundancy that does not feel right, or an employment contract you were never fully able to understand — having access to an experienced employment lawyer in Melbourne can make a genuine difference to how your situation unfolds. At Mantoo Lawyers, based in Brunswick and serving clients across Melbourne, we understand that employment disputes are rarely just legal problems. They are personal, financial, and often deeply stressful — and they deserve careful, informed legal support from professionals who take your situation seriously.
Australia’s workplace laws are detailed and, at times, technical. The Fair Work Act 2009 establishes the primary framework for employment relationships across most of Australia, covering minimum entitlements, termination procedures, anti-discrimination obligations, and protections against adverse action. Understanding how these laws apply to your specific circumstances — whether you are an employee facing unfair treatment or an employer seeking to manage your workforce lawfully — requires advice that is current, specific, and accurate.
This guide covers the core areas of employment law in Melbourne: what your rights generally are, when legal advice becomes important, how Fair Work processes typically work, what to expect from different types of employment disputes, and how Mantoo Lawyers can assist. It is written as general legal information only and does not constitute legal advice. Your individual situation will determine what options are actually available to you.
General Information Disclaimer: The content of this article is intended as general legal information for educational purposes only. It does not constitute legal advice and should not be relied upon as such. Employment law matters are fact-specific and outcomes vary depending on individual circumstances. Please contact Mantoo Lawyers or another qualified legal practitioner for advice tailored to your situation.
What Employment Law Covers — And Why It Matters for Melbourne Workers and Businesses
Employment law in Melbourne touches nearly every aspect of a working relationship — from the moment an employment contract is signed through to the circumstances of any eventual departure. For employees and businesses alike, understanding the legal framework that governs that relationship is essential to making informed decisions before problems escalate into formal disputes.
At its core, employment law in Australia governs how people are engaged, paid, managed, and separated from their employment. For most Melbourne workers, the National Employment Standards (NES) — established under the Fair Work Act 2009 — provide a baseline of eleven minimum conditions that cannot be displaced by a contract. These include maximum weekly hours, entitlements to various forms of leave, flexible working arrangement requests, and minimum notice requirements on termination. Above the NES, modern awards and enterprise agreements may provide additional entitlements depending on your industry, employer, and the terms of your specific engagement.
For Melbourne businesses, employment law compliance is equally important. A poorly drafted employment contract, an inadequately documented performance management process, or a mishandled redundancy can create significant legal exposure. Whether you are a small business owner managing your first employees or an established organisation seeking to update your workplace policies, having access to a qualified commercial lawyer in Melbourne to review your practices before problems arise is far less costly — in both time and money — than responding to a formal claim after the fact.
The Fair Work Commission receives tens of thousands of applications each year across unfair dismissal, general protections, and workplace bullying matters. Many of these disputes involve procedural failures that could have been managed differently with earlier legal guidance — for both employees and employers.
Unfair Dismissal in Melbourne: Understanding the Legal Framework
Unfair dismissal is among the most common reasons Melbourne residents seek advice from an employment law firm. Under the Fair Work Act 2009, a dismissal may be considered unfair if it is harsh, unjust, or unreasonable — even where the employer believed they had valid grounds for the termination. The distinction between a lawful dismissal and an unfair one is often highly fact-specific, which is why seeking legal advice promptly is so important.
Please note: Whether a dismissal constitutes unfair dismissal under the Fair Work Act depends on the particular facts and circumstances of each case. The information below is general in nature. It does not predict or guarantee any outcome. Please seek advice specific to your situation from a qualified employment lawyer.
Eligibility to Make an Unfair Dismissal Claim
To be eligible to make an unfair dismissal application, you must generally have completed the minimum employment period — six months for employees of businesses with 15 or more employees, or twelve months for those employed by a small business employer (fewer than 15 employees). You must also be covered by the national workplace relations system, which applies to most private sector employees in Victoria.
Casual employees may also be eligible to make unfair dismissal applications in certain circumstances — specifically where they were engaged on a regular and systematic basis and had a reasonable expectation of continued employment. This is a nuanced area and the specific facts of your engagement will determine whether you qualify. An employment lawyer in Melbourne can assess your eligibility based on your actual circumstances.
There are also income-based eligibility considerations. If your annual rate of earnings exceeds the high income threshold — which is periodically adjusted and published by the Fair Work Ombudsman — you may not be eligible for unfair dismissal unless you are covered by a modern award or enterprise agreement. This threshold changes periodically and should be verified at the time you seek advice.
The 21-Day Deadline — Act Promptly
One of the most consequential aspects of unfair dismissal law in Australia is the strict time limit. Under section 394 of the Fair Work Act 2009, an unfair dismissal application must generally be lodged with the Fair Work Commission within 21 days of the date the dismissal takes effect. The Commission has a limited discretion to extend this period only where exceptional circumstances exist — and this is not routinely granted.
Missing the 21-day deadline can permanently prevent you from making an unfair dismissal claim, regardless of the underlying merits of your situation. If you believe you have been dismissed unfairly, contacting Mantoo Lawyers as soon as possible is important. You can reach us on (03) 9383 2511 or email info@mantoolawyers.com.au during business hours, Monday to Friday, 9:00am to 5:00pm.
What Happens After a Claim Is Filed
Once an unfair dismissal application is lodged, the Fair Work Commission typically schedules a conciliation conference — a confidential, informal process in which a commissioner assists both parties to explore whether a negotiated resolution is possible. Neither party is required to agree to settle at conciliation. If the matter is not resolved at conciliation, it may proceed to a formal hearing or arbitration, where the commissioner will hear evidence and make a determination.
The majority of unfair dismissal applications that proceed to conciliation are resolved at that stage, though outcomes depend on the facts of each individual matter. Preparation, clear documentation of the relevant events, and skilled representation at conciliation can all be relevant to how the process unfolds.
Redundancy, Restructuring, and What Makes a Redundancy Genuinely Lawful
Not every redundancy is a genuine one under Australian law. Under the Fair Work Act 2009, a dismissal is considered a genuine redundancy only if the employer no longer requires the particular job to be performed by anyone, the employer has complied with any applicable consultation obligations under a modern award or enterprise agreement, and it was not reasonable in all the circumstances to redeploy the employee within the business or an associated entity.
Where a so-called redundancy does not satisfy these requirements, an employee may be able to make an unfair dismissal application — even if the employer used the language of redundancy to describe the separation. Melbourne employees who suspect their redundancy may have been used to avoid a performance management process, to remove a specific individual, or in circumstances that do not reflect a genuine business need, should seek legal advice promptly given the 21-day time limit discussed above.
Please note: Whether a particular redundancy qualifies as a “genuine redundancy” under the Fair Work Act is a question of fact and law specific to each situation. This general information does not determine whether your redundancy was lawful. Seek tailored legal advice from a qualified practitioner.
Redundancy Pay Entitlements
Employees who are genuinely made redundant and who have completed at least one year of continuous service are generally entitled to redundancy pay under the NES. The amount is calculated on a scale based on years of service. However, small business employees (employed by a business with fewer than 15 employees) are generally not entitled to NES redundancy pay. Some modern awards and enterprise agreements may also contain different or additional redundancy provisions.
If you believe you have not received the redundancy pay you were entitled to, or that your redundancy was not handled correctly, the team at Mantoo Lawyers can review your situation and advise you on the options available.
Workplace Bullying, Harassment, and Psychosocial Safety
Workplace bullying is defined under the Fair Work Act 2009 as repeated, unreasonable behaviour directed at a worker or a group of workers that creates a risk to health and safety. The key elements are repetition, unreasonableness, and a genuine risk to health and safety. A single incident, while potentially serious for other legal reasons, does not generally constitute workplace bullying under this definition.
It is equally important to understand that reasonable management action — including performance feedback, issuing directions, conducting investigations, or making legitimate business decisions about roles — does not constitute bullying, even where the employee finds it difficult or uncomfortable. The distinction between genuine bullying and reasonable management action is one of the areas where legal advice can make a significant difference to how you understand your situation.
Stop Bullying Applications
Workers who are experiencing genuine workplace bullying and who remain employed may apply to the Fair Work Commission for an order to stop the bullying behaviour. This remedy is designed to address ongoing situations rather than to compensate for past harm — it is prospective in nature. The Commission will consider whether bullying has occurred and, if so, whether an order is necessary to prevent a future risk to the worker’s health and safety.
Sexual Harassment in the Workplace
Sexual harassment in the workplace is prohibited under the Sex Discrimination Act 1984 (Cth) and the Equal Opportunity Act 2010 (Vic). Since March 2023, the positive duty under the federal Sex Discrimination Act requires employers to take proactive, reasonable, and proportionate measures to eliminate sexual harassment — not merely respond to it after it occurs. Complaints can be made to the Australian Human Rights Commission or, in some cases, to the Victorian Equal Opportunity and Human Rights Commission.
Please note: The availability and process for sexual harassment complaints depends on the specific legislation under which you proceed, the circumstances of the conduct, and applicable time limits. Legal advice specific to your situation is strongly recommended before lodging any complaint.
Psychosocial Hazards as a Work Health and Safety Matter
Under the Occupational Health and Safety Act 2004 (Vic) and the associated regulations, employers in Victoria have a legal duty to identify and manage psychosocial hazards in the workplace. Psychosocial hazards include factors such as excessive workload, poor interpersonal relationships, low job control, role ambiguity, and remote work isolation. These are recognised workplace health and safety risks, and employers are required to manage them with the same seriousness as physical hazards.
Psychosocial safety has become an increasingly prominent area of employer obligation in Victoria. Employees who believe their employer has failed to adequately address psychosocial hazards may have options under both occupational health and safety law and employment law, depending on the circumstances.
Employment Contracts: What Melbourne Workers and Employers Frequently Overlook
An employment contract — whether formal and written, partly verbal, or reflected in a combination of documents and conduct — forms the legal foundation of the working relationship. Its terms define the rights and obligations of both parties throughout the employment, and often have consequences that extend beyond the final day of work. Despite this importance, employment contracts are frequently signed without being fully understood, and drafted without adequate legal review.
Contract Concerns for Employees
Many Melbourne employees sign employment contracts without seeking independent advice on their terms. Provisions relating to post-employment restraints of trade, confidentiality obligations, intellectual property ownership, and termination procedures can carry significant consequences that are not immediately obvious at the time of signing.
Post-employment restraint clauses, for instance, may seek to limit your ability to work in a particular industry, contact former clients, or operate within a defined geographic area for a period after your employment ends. The enforceability of such clauses under Australian law depends on whether they are considered reasonable in the circumstances — a fact-specific inquiry that courts have addressed in various ways. A clause that appears intimidating on paper may not be enforceable; equally, a clause you assume is unenforceable may in fact bind you. An employment contract lawyer in Melbourne can advise on your specific position.
Please note: The enforceability of post-employment restraint clauses is a complex area of law that depends heavily on the specific terms of the clause and the circumstances of the employment. General statements about whether such clauses are or are not enforceable should not be relied upon without legal advice specific to your situation.
Contract Drafting and Compliance for Melbourne Businesses
For businesses, a poorly constructed employment contract can undermine the protections it was intended to create. Contracts that fail to properly distinguish between employees and independent contractors, that do not reflect applicable award obligations, or that contain provisions inconsistent with the NES may offer limited legal protection when a dispute arises. The commercial lawyers and corporate lawyers at Mantoo Lawyers work with Melbourne businesses to draft and review employment agreements that are legally sound, practically effective, and compliant with current obligations.
This includes reviewing contractor arrangements in light of the sham contracting provisions of the Fair Work Act, which prohibit misrepresenting employment relationships as independent contracting arrangements. Sham contracting can expose businesses to significant penalties, and the distinction between genuine contractors and employees is a fact-specific analysis that has been the subject of significant judicial consideration in recent years.
Wage Disputes, Underpayment, and General Protections
Wage underpayment has received significant legislative attention in recent years. Under the Closing Loopholes Act 2023 (Cth), intentional wage theft became a criminal offence under the Fair Work Act from January 2025, punishable by substantial fines and potential imprisonment. Even where underpayment is unintentional, employers may face civil penalties and orders to back-pay employees, including interest.
Melbourne employees who believe they have been underpaid can report their concerns to the Fair Work Ombudsman, who has investigative and enforcement powers. Civil proceedings to recover underpaid amounts can also be commenced in the Federal Circuit and Family Court of Australia in appropriate circumstances. Time limits apply, and it is important to seek advice promptly.
General Protections — Adverse Action and Workplace Rights
The general protections provisions in Part 3-1 of the Fair Work Act 2009 prohibit employers from taking adverse action against employees because they exercised — or proposed to exercise — a workplace right, or because of a protected characteristic. Adverse action can include dismissal, demotion, reduction in hours, changes to duties, or any other detrimental treatment.
Workplace rights protected under these provisions include the right to make a complaint or inquiry in relation to employment, to take leave you are entitled to, to participate in union activities, and to raise a work health and safety concern. Importantly, general protections claims can be made even where an employee does not qualify for unfair dismissal — for example, employees within the minimum employment period or those above the high income threshold who are not award-covered may still be able to make a general protections claim.
Applications to the Fair Work Commission for general protections matters involving dismissal must generally be made within 21 days of the dismissal taking effect. Court-based general protections claims for matters not involving dismissal have a longer limitation period. If you believe you have been subjected to adverse action for exercising a workplace right, contacting an employee rights lawyer in Melbourne promptly is advisable given these time-sensitive requirements.
Please note: Time limits for general protections applications vary depending on the nature of the adverse action and the jurisdiction in which the claim is made. The information above is general guidance only. Do not rely on it to determine whether your claim remains within time. Seek legal advice specific to your circumstances without delay.
How Mantoo Lawyers Supports Melbourne Businesses with Employment Law Compliance
Employment law compliance represents a genuine business risk that is frequently underestimated until a formal claim arrives. At Mantoo Lawyers, we work with Melbourne businesses across a range of employment law matters, providing practical, commercially grounded advice that balances legal compliance with operational reality.
Our employment law support for businesses in Melbourne includes assistance with:
- Drafting and reviewing employment contracts, independent contractor agreements, and enterprise agreement provisions
- Advising on performance management frameworks and disciplinary procedures that are procedurally sound
- Guiding employers through redundancy processes and restructuring decisions in a manner consistent with consultation obligations
- Responding to Fair Work Commission applications and preparing employer positions
- Reviewing and updating workplace policies, including anti-bullying, equal opportunity, social media, and remote work policies
- Advising on employee versus independent contractor classification in light of current case law
- Supporting and advising on internal workplace investigation processes
- Advising on award and enterprise agreement obligations relevant to your workforce
As a firm with capabilities spanning commercial law, corporate law, and employment law for both individuals and businesses, Mantoo Lawyers is well-placed to provide integrated legal support for Melbourne organisations navigating the full spectrum of workforce legal obligations. We also assist clients with buying and selling businesses where employment obligations — including the transfer of employees — form a critical component of the transaction.
Employment Law and Visa Holders: Rights for Melbourne’s International Workforce
Melbourne is one of Australia’s most culturally and linguistically diverse cities, and a significant proportion of its workforce consists of people on temporary work visas. Under Australian law, employees on temporary visas have the same minimum workplace entitlements as Australian citizens and permanent residents — including entitlement to minimum wage, leave, and protections against unfair dismissal, to the extent they are otherwise eligible.
This is an area where misunderstanding is common, both among employers and employees. An employer cannot lawfully pay a visa holder less than the applicable minimum wage or modern award rate on the basis of their visa status. Doing so may expose the business to significant penalties under the Fair Work Act and attract scrutiny from the Fair Work Ombudsman, which has specific programs directed at protecting vulnerable workers.
Visa holders who have experienced workplace exploitation, underpayment, or dismissal in circumstances connected to their immigration status may have both employment law claims and immigration considerations to navigate simultaneously. At Mantoo Lawyers, our team includes experience across both immigration law and employment law, allowing us to provide coordinated advice to Melbourne’s internationally mobile workforce. If you are a visa holder facing a workplace dispute, your immigration status does not prevent you from accessing legal remedies — contact us to understand your position.
When Employment Issues Connect to Other Areas of Law
Employment disputes rarely exist in complete isolation from other legal considerations. A workplace injury sustained in the course of employment may give rise to both an employment law matter and a workers compensation claim. Understanding your rights and entitlements under both frameworks — and ensuring they are pursued in a coordinated manner — can significantly affect the overall outcome for an injured worker.
A business acquisition or sale may involve the legal transfer of existing employees and their entitlements — an area where property conveyancing considerations and employment obligations intersect. Family businesses facing relationship breakdowns between owners may raise both family law matters and employment issues that need to be addressed in parallel.
Workers who have been injured in a vehicle incident while travelling for work may have both a road traffic accident claim and a workers compensation entitlement to consider. And significant life events — including changes to employment arrangements, redundancy, or injury — often make it timely to review or update your wills and estate planning.
In some circumstances, conduct that occurs in a workplace context may also raise criminal law considerations — including where a workplace investigation uncovers conduct that may be the subject of a police matter. Mantoo Lawyers’ broader practice across criminal law, family law, personal injury, property, and wills means that your matter can be considered holistically, rather than in isolation from the other legal dimensions that may be relevant.
Employment Dispute Pathways: A General Reference Guide
The table below provides a general overview of common employment dispute types, the primary legal avenue typically associated with each, and general time limit guidance. It is provided for general information purposes only and does not constitute legal advice. Time limits and eligibility requirements depend on the specific facts of each matter and the applicable legislation at the time of the dispute.
| Situation | Primary Legal Avenue | General Time Limit |
|---|---|---|
| Unfair dismissal claim | Fair Work Commission application | 21 days from date dismissal takes effect |
| General protections — dismissal | Fair Work Commission or Federal Circuit Court | 21 days from date of dismissal (Commission) |
| General protections — no dismissal | Federal Circuit and Family Court of Australia | 6 years generally (verify current position) |
| Workplace bullying stop order | Fair Work Commission application | While still employed in that workplace |
| Underpayment / wage recovery | Fair Work Ombudsman or court proceedings | 6 years generally (verify current position) |
| Sexual harassment complaint | Australian Human Rights Commission or Victorian EOHRC | Time-limited — seek advice promptly |
| Discrimination complaint | Australian Human Rights Commission or State tribunal | Time-limited — seek advice promptly |
| Breach of employment contract | Court proceedings | 6 years generally (verify current |
Important: Time limits in the table above are general guidance only based on publicly available legislative information as at the date of publication. They may change, and whether any particular time limit applies to your matter depends on your specific circumstances and applicable legislation. Do not rely on this table to assess whether your claim is still within time. Always seek independent legal advice promptly.
Why the Right Employment Law Firm in Melbourne Matters
Not every law firm that accepts employment law matters has the depth of experience or currency of knowledge that these disputes require. Employment law in Australia is a specialised and continuously evolving area — legislative changes, new decisions of the Fair Work Commission and courts, and shifting workplace conditions mean that advice must be current, accurate, and genuinely tailored to your situation.
At Mantoo Lawyers, our approach to every client engagement is built around three principles that shape how we work: a genuine client-centric approach that places your interests and concerns at the centre of every decision; deep expertise and experience across the full spectrum of employment and related legal matters; and an unwavering commitment to trust and integrity in every interaction — including being honest with you about the strengths and limitations of your position.
We do not provide vague generalities or unrealistic assurances. We listen carefully to your circumstances, explain your legal position in clear language, outline the realistic options available to you, and support you to make informed decisions about how to proceed — whether that involves negotiating a resolution, representing you before the Fair Work Commission, advising your business on compliance, or referring you to another service better suited to your needs.
“Understanding your legal position in a workplace dispute is not a luxury — it is a necessary foundation for making decisions that protect your rights and interests. That applies equally to employees and employers across Melbourne, regardless of the size or complexity of the matter.”
A Full-Service Approach to Melbourne Legal Matters
Mantoo Lawyers provides legal services to both individuals and businesses across a broad range of practice areas. For individuals, our services include employment law, criminal law, family law, personal injury, property conveyancing, road traffic accident claims, wills and estate planning, and workers compensation. For businesses, our services include employment law, immigration, property law, property conveyancing, and assistance with buying and selling businesses.
We also offer online services including the ability to ask a legal question and make a payment through our website, making it more convenient to manage your legal matter from wherever you are.
Frequently Asked Questions — Employment Law in Melbourne
How much does an Employment Lawyer cost in Australia?
Legal costs vary considerably depending on the nature and complexity of your matter, the seniority of the lawyer, and whether your matter proceeds to a formal hearing or resolves earlier. Initial consultations are often available at a fixed or reduced rate. Hourly rates across Australia typically range from approximately $250 to $600 or more. Some employment matters may be handled on a fixed-fee basis, and in limited circumstances, conditional fee arrangements may be available. You are entitled to a written costs agreement and costs disclosure before your lawyer commences substantive work — this is a requirement under Victorian law. Always discuss costs openly at your first meeting.
What are 5 employee rights in Australia?
Under Australian law, employees are generally entitled to:
(1) a safe working environment free from foreseeable risks to health and safety;
(2) minimum wages and entitlements under the National Employment Standards and applicable modern awards;
(3) protection from unfair dismissal after completing the minimum employment period, subject to eligibility requirements;
(4) freedom from unlawful workplace discrimination and harassment; and
(5) the right to take protected industrial action in certain prescribed circumstances. Individual entitlements vary depending on the nature of your employment arrangement, your industry, and the award or agreement that covers you. Visit the Fair Work Ombudsman’s National Employment Standards page for further detail.
Can you be fired without warning in Australia?
In most circumstances, employees are entitled to notice — or payment in lieu of notice — before their employment is terminated, as set out in the Fair Work Act 2009 and any applicable modern award or enterprise agreement. Immediate dismissal without notice is only lawful in cases of serious misconduct, as defined in the Fair Work Regulations. Whether a particular dismissal was procedurally fair and lawful depends heavily on the specific facts, the reason given by the employer, and the process followed. Seek legal advice specific to your situation rather than relying on general information.
Is a 40-hour work week legal in Australia?
Under section 62 of the Fair Work Act 2009, full-time employees may not be requested or required to work more than 38 ordinary hours per week, plus reasonable additional hours. Whether additional hours above 38 are “reasonable” depends on factors including the employee’s role, family responsibilities, and whether additional remuneration is provided. Some modern awards and enterprise agreements contain their own provisions about ordinary hours that may differ. Consult your applicable award or agreement, and seek advice if you believe you are being required to work unreasonable hours.
Can I get a free lawyer in Australia?
Free or subsidised legal assistance may be available through Legal Aid Victoria, community legal centres across Melbourne, and the Fair Work Commission’s assistance services for self-represented parties. Eligibility for Legal Aid typically depends on your income, assets, and the nature of your legal matter. The Community Law Australia directory can help you locate a nearby community legal centre. Many private law firms, including Mantoo Lawyers, also offer initial consultations at a reasonable fixed fee — contact us on (03) 9383 2511 to enquire.
How much is a solicitor for 1 hour?
Solicitor hourly rates in Melbourne and across Australia generally range from approximately $250 to $600 per hour depending on the lawyer’s level of experience, the practice area, and the complexity of the matter. Senior partners at larger commercial firms typically charge at the higher end of this range. Under Victorian law, your solicitor is required to provide you with a costs disclosure statement before commencing substantive work. Review this document carefully and raise any questions about billing before proceeding.
Is it worth paying for a solicitor?
Whether legal representation is worthwhile depends on the nature of your matter, what is at stake, and the complexity of the legal issues involved. In many employment disputes, qualified legal advice can help you understand your position accurately, identify options you may not have been aware of, and navigate processes — such as Fair Work Commission conciliation — more effectively. The value of legal representation should be weighed against the potential cost of an unresolved dispute or an unfavourable outcome. This is a decision best made after an initial consultation with a qualified lawyer who can assess your specific situation.
What is the lowest pay for a lawyer in Australia?
Graduate lawyers in Australia typically earn between approximately $55,000 and $75,000 per year, though this varies by firm, state, and practice area. Junior solicitors at smaller regional or suburban firms may earn toward the lower end of this range. This is distinct from the rates charged to clients, which reflect not only the lawyer’s time but also overhead, expertise, and the nature of the matter. Salary information is publicly available through resources such as the Law Institute of Victoria.
Do solicitors charge for phone calls?
Yes, in most cases solicitors charge for substantive telephone conversations that involve the provision of legal advice or the conduct of your matter. Brief administrative calls — such as arranging a time for an appointment — may not attract a charge at all firms. The billing arrangements for telephone calls, emails, and other forms of communication should be clearly set out in your costs agreement, which you should review carefully before proceeding. If you are uncertain, ask your solicitor to clarify how different types of communication will be charged.
How long do I have to lodge an unfair dismissal claim in Australia?
An unfair dismissal application must generally be lodged with the Fair Work Commission within 21 days of the date the dismissal takes effect. This is a strict deadline — the Commission has only limited discretion to extend it in exceptional circumstances, and such extensions are not routinely granted. If you have been dismissed and believe it was unfair, contact a qualified employment lawyer as soon as possible. Do not wait to see what happens or attempt to negotiate informally if the 21-day period is running.
What is the difference between unfair dismissal and wrongful termination?
Unfair dismissal, under the Fair Work Act 2009, refers to a dismissal that is found to be harsh, unjust, or unreasonable — assessed according to a set of criteria including the reason for dismissal, the process followed, and the employee’s length of service and personal circumstances. Wrongful termination refers to a dismissal that constitutes a breach of your employment contract — for example, where insufficient notice was provided or where the dismissal was contrary to an express contractual term. Both can give rise to legal claims, through different processes and in different jurisdictions. An employment lawyer can advise which avenue or combination of avenues may be relevant to your situation.
Can my employer change my employment contract without my consent?
As a general principle of contract law, a contract cannot be unilaterally varied by one party without the agreement of the other. An employer who makes significant changes to your employment terms — such as reducing your base salary, altering your role or reporting structure, or changing your working hours — without your agreement may be acting in breach of contract. In more serious cases, where the changes fundamentally alter the character of the employment, this may amount to constructive dismissal. The specific legal position depends on the terms of your contract, whether the changes are covered by an applicable award or enterprise agreement, and the circumstances of the variation. Seek legal advice specific to your situation.
What happens during a Fair Work Commission conciliation conference?
A conciliation conference is a confidential, informal process conducted by a Fair Work Commissioner or conciliator. Both parties — or their representatives — participate in a discussion aimed at exploring whether a negotiated resolution is possible. The conciliator does not impose a settlement and is not a judge. The content of the discussions is generally protected by confidentiality and cannot be used as evidence in subsequent proceedings. If the matter does not resolve at conciliation, it may proceed to a formal hearing, where the Commission will hear evidence and make a determination. Legal representation at conciliation is permitted and is often beneficial.
What is a workers compensation claim and how does it relate to employment law?
A workers compensation claim arises where an employee suffers a work-related injury or illness and seeks compensation for medical expenses, lost income, and in some cases, permanent impairment. In Victoria, workers compensation is administered through the WorkCover scheme under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic). A workers compensation claim is separate from — but may exist alongside — an employment law claim, such as an unfair dismissal application. Mantoo Lawyers assists Melbourne workers with workers compensation matters including lodging claims, disputing decisions, and understanding entitlements to weekly payments, medical expenses, rehabilitation support, and permanent impairment benefits.
Conclusion: Taking the Right Steps with an Employment Lawyer in Melbourne
Whether you are a Melbourne employee who has been dismissed in circumstances you believe were unjust, a worker whose role has become untenable due to bullying or unsafe conditions, an employee who has not received the entitlements you are owed, or a business seeking to build a legally compliant and well-managed workforce — employment law is relevant to you. The decisions made — or not made — in the early stages of a workplace dispute can significantly shape the outcome.
Mantoo Lawyers provides trusted legal services to individuals and businesses across Melbourne from our office in Brunswick. We combine genuine employment law experience with a broader legal capability that spans criminal law, family law, personal injury, property conveyancing, immigration, workers compensation, road traffic accident claims, and wills and estate planning. Our client-centric approach means your matter is given the care, expertise, and honesty it deserves from your very first contact with our team.
If you are dealing with an employment matter in Melbourne — whether straightforward or complex — early legal advice is almost always more effective than waiting. We encourage you to contact Mantoo Lawyers to discuss your situation and understand what options may be available to you. We are available Monday to Friday, 9:00am to 5:00pm, and can be reached at the contact details below.