Employment law · Australia
Unfair dismissal, employment contracts, workplace discrimination, redundancy disputes, restraint of trade. Find verified Australian employment lawyers and understand what your matter typically involves.
What employment law covers
Employment law in Australia is governed by the Fair Work Act 2009 (Cth), state long service leave acts, and the anti-discrimination acts. Most matters fall into one of these categories.
Termination
Application to the Fair Work Commission claiming the dismissal was harsh, unjust or unreasonable. Must be lodged within 21 days. Available to most employees with 6+ months service earning under the high-income threshold.
Discrimination
Adverse action claims under the Fair Work Act covering discrimination, exercise of workplace rights, and union activity. No time limit prerequisite, broader remedies than unfair dismissal.
Contracts
Review and negotiation of employment contracts — salary, notice, restraint of trade, intellectual property, confidentiality, bonus and incentive terms.
Restraint of trade
Enforcement or challenge of non-compete and non-solicitation clauses. Reasonableness and geographic scope are the usual battlegrounds.
Redundancy
Assessment of redundancy payments, notice periods, leave loading, and severance under the NES and applicable awards or enterprise agreements.
Wage theft
Recovery of wages, leave, and superannuation entitlements where an employer has underpaid. Civil penalties and back-pay orders available.
Typical cost
Indicative range
$2,500 to $25,000
Most employment matters settle at conciliation in the Fair Work Commission. Typical professional fee ranges:
Contract review: $800–$2,500. Unfair dismissal lodgement + conciliation: $3,500–$8,500. Discrimination claim: $5,500–$18,000. Restraint of trade litigation: $15,000–$80,000+. Disbursements and counsel’s fees are additional.
Some firms offer no-win-no-fee on unfair dismissal claims. Read our no-win-no-fee explainer.
How a matter typically unfolds
A typical unfair dismissal claim. Discrimination and restraint matters follow a similar but slower path.
The clock starts. You have 21 days from the date the dismissal takes effect to lodge an unfair dismissal application.
Most employment lawyers offer a free or low-cost first consultation. Get advice on whether the dismissal is likely to be unfair, what remedies are available, and what evidence you need to preserve.
Form F2 to the Fair Work Commission with a $77.80 filing fee (waivable on hardship). The employer must respond within 7 days.
A confidential telephone conciliation conducted by an FWC conciliator. About 70% of unfair dismissal matters resolve at this stage.
If unresolved, the matter is listed for arbitration before an FWC Member. Outcomes can include reinstatement, compensation (capped at 26 weeks’ pay or half the high-income threshold), or dismissal of the application.
Typical settlements for valid claims: 6 to 16 weeks’ pay plus a written reference and tax-effective payment structure. Costs orders are rare in the FWC.
Frequently asked
You must have been employed for at least 6 months (12 months for small business employers), and your annual earnings must be below the high-income threshold ($175,000 for 2025-26, indexed annually). Casual employees can claim if employed on a regular and systematic basis.
A genuine redundancy is not an unfair dismissal. The employer must show the role was no longer required, consultation under the relevant award/agreement occurred, and reasonable redeployment was considered. If any of those are missing, a redundancy can be unfair.
Courts will enforce reasonable restraints. Common periods are 3 to 12 months, with geographic limits matched to the actual market the employer competes in. The 2025 reforms have proposed banning non-competes for workers earning under the high-income threshold; check current status.
Reinstatement is the primary remedy under the Fair Work Act but is rarely ordered in practice. Most successful unfair dismissal claims result in compensation rather than reinstatement, because the working relationship has broken down by the time the matter is decided.
Verified employment lawyers across NSW, VIC, QLD, WA and SA. Free first consultation at most firms. Most claims have strict time limits — act early.
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