Employment Law

Unfair dismissal occurs when an employee is dismissed from their job in a manner that is harsh, unjust or unreasonable. To be eligible to make an unfair dismissal claim, you must have completed the minimum employment period (6 months for most employees, 12 months for small business employees) and not be covered by an enterprise agreement or award that excludes the jurisdiction.

You must lodge an unfair dismissal application with the Fair Work Commission within 21 days of the dismissal taking effect. This is a strict deadline — missing it can mean losing your right to claim. Contact us immediately if you have been dismissed.

The Fair Work Commission can order reinstatement or compensation. Compensation is capped at 26 weeks of pay (or half the high income threshold, whichever is lower). The amount awarded depends on factors including your length of service, the circumstances of the dismissal, and your efforts to find new work.

Unfair dismissal focuses on whether the dismissal was harsh, unjust or unreasonable. General protections (adverse action) claims focus on whether the employer took action against you because you exercised a workplace right — such as making a complaint, taking sick leave, or being a union member. Different rules and remedies apply to each.

Workplace discrimination occurs when an employer treats you less favourably because of a protected attribute such as race, sex, age, disability, pregnancy, religion, sexual orientation or political opinion. Discrimination can occur in hiring, promotion, pay, conditions, or dismissal.

Redundancy is only genuine if the job is no longer required to be performed by anyone, and the employer complied with consultation obligations. If your redundancy was not genuine — for example, if your role was filled by someone else shortly after — you may have an unfair dismissal or general protections claim.

Document every incident with dates, times, witnesses and what was said or done. Report the behaviour to your employer in writing. If the bullying continues, you can apply to the Fair Work Commission for an order to stop the bullying. In serious cases, you may also have a workers compensation claim.

Restraint of trade clauses are enforceable in Queensland only to the extent they are reasonable — in terms of duration, geographic area, and the activities restricted. Courts will not enforce a restraint that goes beyond what is reasonably necessary to protect a legitimate business interest. We can advise on whether a restraint is enforceable against you.

A general protections claim (also called adverse action) can be made when an employer takes adverse action — such as dismissal, demotion, or reducing your pay — because you exercised a workplace right. Workplace rights include making a complaint, taking leave, or being a union member. These claims can be made regardless of how long you have been employed.

Costs depend on the complexity of your matter. We offer fixed-fee services for many employment law matters and provide transparent quotes before we begin. Book a free 30-minute consultation to discuss your situation and get a realistic cost estimate.