Overview

What employment lawyers actually do

Employment lawyers deal with the relationship between employer and employee — how it is set up, how it goes wrong and how it ends. Most of this sits under the federal Fair Work system, so the framework is largely national.

The defining feature of this area is speed. Unfair dismissal and general protections applications have very short deadlines measured in days rather than months, and missing one usually ends the claim.

The work they handle

Unfair dismissal and general protections claims
Employment contracts, restraint of trade and confidentiality clauses
Workplace bullying, discrimination and sexual harassment complaints
Underpayment and misclassification claims
Redundancy — whether it was genuine and whether the process was followed
Advising employers on performance management, investigations and terminations

Victoria

Where a matter like this is heard

Magistrates' Court of Victoria

Handles most criminal and traffic matters, intervention orders and smaller civil claims.

County Court of Victoria

Handles serious criminal trials, appeals and most personal injury claims.

Supreme Court of Victoria

Handles the most serious criminal matters, major commercial litigation and probate.

Victorian Civil and Administrative Tribunal (VCAT)

Handles tenancy, owners corporation, consumer, planning and guardianship matters.

Victoria licenses conveyancers separately from solicitors, so for a straightforward purchase you have a genuine choice between the two.
Personal injury in Victoria runs through dedicated schemes — the TAC for transport accidents and WorkSafe for workplace injuries — and firms tend to specialise in one or the other.

When to call a employment lawyer

You have been dismissed — immediately, because the clock is short
You have been offered a deed of release and asked to sign quickly
You are being performance managed and it feels like the exit has been decided
A restraint clause is stopping you taking a new job
You are an employer about to terminate someone and want the process right

What it costs

Employment matters are usually hourly, though many firms offer a fixed-fee initial advice for a dismissal — reviewing the facts and telling you whether there is a claim. Some act on a conditional basis for stronger claims. Ask what the fee covers up to conciliation, since a large share of matters resolve there.

How to choose

Get advice before you sign anything

Deeds of release are usually final. Once signed, the claim is gone, and they are often presented with a short deadline for exactly that reason.

Employee-side or employer-side

Many firms lean one way. Both are legitimate, but a firm that acts mostly for employers brings a particular perspective to your dismissal.

Bring the paperwork

Contract, position description, warnings, the termination letter and any relevant emails. Advice is only as good as the documents behind it.

Before you engage anyone

Check the practitioner holds a current practising certificate. In Victoria that is Victorian Legal Services Board and Commissioner, and the register is public.

Check the VIC register ↗

Common questions

How long do I have to lodge an unfair dismissal claim?

The window is short — a matter of weeks from when the dismissal took effect, and the Fair Work Commission only extends it in exceptional circumstances. Treat it as urgent.

Can I be sacked without warning?

It depends on the reason. Serious misconduct can justify immediate dismissal, but in most other cases an employer is expected to give notice and follow a fair process. Whether the process was fair is often the whole argument.

Are restraint of trade clauses enforceable?

Sometimes. Courts enforce restraints only so far as they reasonably protect a legitimate business interest. Many drafted clauses are wider than a court would uphold, but that is not something to assume without advice.

What is the difference between unfair dismissal and general protections?

Unfair dismissal is about whether the dismissal was harsh, unjust or unreasonable. General protections concern dismissal for a prohibited reason — such as exercising a workplace right or a discriminatory ground. The tests, eligibility and remedies differ.

This page is general information, not legal advice. Laws differ between states and every situation turns on its own facts — speak to a qualified Australian lawyer before acting. If you cannot afford one, Legal Aid operates in every state and territory.

Employment Lawyers by suburb in Victoria

Melbourne2 Glen Iris1

Employment Lawyers in other states

New South Wales Queensland Western Australia South Australia Tasmania Australian Capital Territory Northern Territory