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Process
Our methodology is built on a structured, evidence-based approach to employment law. We begin with a detailed case assessment, reviewing your employment contract, payslips, and all relevant communications. Our technical process involves applying specific provisions of the Fair Work Act 2009 (Cth) and relevant modern awards to build your claim. For instance, we meticulously calculate entitlements like severance pay, which can be up to 16 weeks' wages based on length of service under the National Employment Standards. We then prepare and lodge applications with tribunals like the Fair Work Commission, representing you through conciliation and, if necessary, formal hearings. Our expertise extends to complex areas such as Termination & Dismissal law.
Local Considerations — Melbourne
Employment law practice varies across Australia's states and territories due to different industrial relations systems and the overlay of federal law. In Victoria, with Melbourne as a major commercial hub, we frequently handle cases in industries like finance, technology, and higher education, where complex employment contracts and award interpretations are common. The concentration of national corporate headquarters in Melbourne also leads to a higher volume of executive-level disputes and redundancy matters. Each listed firm adapts its strategy to the specific jurisdictional nuances, whether representing a professional in Melbourne's CBD or providing advice to a client in a regional Victorian center, ensuring precise application of the relevant legal framework.
At a Glance
| Parameter | Reference Value |
|---|---|
| Unfair Dismissal Filing Deadline | 21 days from termination date |
| Common Claim Types Handled | Unfair dismissal, underpayment, discrimination |
| Typical Case Resolution Timeline | 4-12 weeks |
| Maximum Severance Entitlement (NES) | Up to 16 weeks' pay |
Standards & Compliance
- Fair Work Act 2009 (Cth)
- National Employment Standards (NES)
- Relevant Modern Award
- Fair Work Regulations 2009
Employment Lawyers in Melbourne
Locations covered in Melbourne
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Frequently Asked Questions
What is the time limit for filing an unfair dismissal claim?
You have 21 calendar days from the date your dismissal took effect to lodge an application with the Fair Work Commission. This deadline is strict, and extensions are rarely granted, making immediate legal consultation critical.
What evidence do I need to provide to my employment lawyer?
Essential documents include your employment contract, recent payslips, any written warnings or termination letter, and records of relevant communications (emails, texts). A detailed timeline of events leading to the dispute is also highly valuable for case assessment.
What is the process after lodging a claim with the Fair Work Commission?
The Commission typically lists the matter for a conciliation conference within 4-8 weeks. This is a confidential process where a Commission member facilitates a settlement discussion. If conciliation fails, the matter may proceed to a formal hearing or conference for determination.
How much does an employment lawyer cost in Australia?
Costs depend on case complexity, required evidence, and whether the matter proceeds to a formal hearing. Many claims are resolved at conciliation. We provide transparent fee agreements, often including fixed-fee options for initial advice. The best approach is to request a specific cost estimate after a preliminary case assessment.