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Process
Our legal methodology is built on systematic case analysis and strategic foresight. We initiate with a detailed assessment of your employment contract, workplace policies, and the circumstances of the dispute, such as an alleged unfair dismissal or underpayment claim. Our process involves gathering evidence, including correspondence and witness statements, and referencing key instruments like the National Employment Standards (NES) and relevant Modern Awards. We then develop a tailored strategy, which may involve negotiation, mediation through the Fair Work Commission, or litigation. A typical unfair dismissal application to the FWC must be lodged within 21 days, a critical deadline we manage meticulously. For matters involving complex entitlements, we provide guidance on specific practice areas such as Termination & Dismissal.
Local Considerations — Perth
Employment law practice varies significantly across Australian jurisdictions due to distinct state systems operating alongside the national Fair Work framework. In Western Australia, historical industrial relations arrangements can influence certain matters, while eastern states like New South Wales and Victoria have their own courts and tribunals for specific claims. The resource sector in Perth generates unique employment disputes related to fly-in-fly-out arrangements and remote work, demanding lawyers with specific jurisdictional expertise. Our national service model adapts by ensuring our legal team is proficient in both federal law and relevant state-based variations, providing seamless representation for clients with operations or disputes in Perth and beyond.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Case Assessment Period | 1-3 business days |
| Unfair Dismissal Filing Deadline | 21 calendar days |
| Common Claim Types | Unfair Dismissal, General Protections, Underpayment |
| Initial Consultation | Case Review & Strategy Outline |
Standards & Compliance
- Fair Work Act 2009 (Cth)
- National Employment Standards (NES)
- Relevant Modern Awards
- State-based Industrial Relations Acts
Employment Lawyers in Perth
Locations covered in Perth
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Frequently Asked Questions
What is the time limit for filing an unfair dismissal claim?
An application for unfair dismissal must be lodged with the Fair Work Commission within 21 calendar days from the date the dismissal took effect. This is a strict deadline, and failing to meet it usually results in the claim being barred, underscoring the need for prompt legal advice.
What constitutes a 'genuine redundancy' under the Fair Work Act?
A dismissal is a genuine redundancy if the employer no longer requires the person’s job to be done by anyone due to operational changes, and they have complied with any consultation obligations in the relevant award or agreement. It is a complex defence that requires specific evidence.
Can I claim compensation for workplace bullying without being dismissed?
Yes. While not a dismissal claim, workers experiencing bullying can apply to the Fair Work Commission for a 'stop bullying order'. Additionally, serious bullying may give rise to other legal actions, including workers' compensation or general protections claims.
How much does an employment lawyer cost in Australia?
Legal costs depend entirely on case complexity, required stages (negotiation vs. litigation), and duration. Matters are typically billed on a fixed-fee basis for specific services or hourly rates. We provide transparent cost agreements upfront after assessing your specific situation. The best approach is to request a tailored proposal for your case.