Employment Lawyers in Melbourne, VIC

6 employment lawyers with offices in Melbourne are listed below, including Corrs Chambers Westgarth Melbourne, Lander & Rogers Melbourne, Macpherson Kelley Melbourne and others. Listings are compiled from public information; practices marked Claimed have confirmed their details with us. Before engaging anyone, confirm their current practising status with the Victorian Legal Services Board and Commissioner.

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What a employment lawyer in Melbourne can help with

Employment lawyers act for employees and employers on dismissal, redundancy, discrimination, bullying, underpayment, restraints and contracts. Most private-sector employment in Australia is governed by the Fair Work Act 2009 (Cth) and decided in the Fair Work Commission or the Federal courts, so the rules in Melbourne are largely the same as elsewhere; State law still matters for public-sector workers, workers compensation and some discrimination claims.

  • Unfair dismissal and general protections applications
  • Redundancy entitlements and consultation
  • Employment contracts, restraints of trade and confidentiality
  • Underpayment and award classification claims
  • Workplace bullying, sexual harassment and discrimination
  • Workplace investigations and disciplinary processes
  • Negotiated exits and deeds of release

Employment Law in Victoria: what is different

Unfair dismissal and general protections (dismissal) applications must be lodged with the Fair Work Commission within 21 calendar days of the dismissal taking effect. Victoria public-sector employees and discrimination complaints may fall under State bodies instead, including Victorian Civil and Administrative Tribunal (VCAT).

Questions to ask before you instruct

  1. Which deadline applies to me, and when does it expire?
  2. Do you act mainly for employees or employers?
  3. What is a realistic range of outcomes for a matter like mine?
  4. Can you quote a fixed fee for the Fair Work Commission stage?
  5. What evidence should I start gathering now?

Costs and funding

The Fair Work Commission is designed to be low-cost: filing fees are modest and each side usually bears its own costs. Lawyers often offer fixed fees for the application and conciliation stages. Free help is available from the Fair Work Ombudsman, Victoria Legal Aid employment law services and community legal centres. Lawyers must give you costs disclosure under the Legal Profession Uniform Law (Victoria) before or as soon as practicable after starting work.

Guides from LawDirectory.au

Other practice areas in Melbourne

Browse all Employment Law practices or every practice in Melbourne.

Frequently asked questions

How long do I have to claim unfair dismissal?

21 calendar days from the dismissal taking effect. Extensions are granted only in exceptional circumstances, so get advice immediately.

Am I covered by unfair dismissal laws?

You generally need to have served the minimum employment period (six months, or twelve months in a small business), earn under the high-income threshold or be covered by an award or enterprise agreement, and not be a genuine redundancy.

Do I need a lawyer at the Fair Work Commission?

Permission is needed for lawyers to appear at a hearing, but lawyers routinely prepare applications, evidence and conciliation strategy, and most matters settle at conciliation.

This page is general information, not legal advice, and inclusion in the directory is not a recommendation. See our disclaimer and how listings are compiled.

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