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Our services
Process
Our legal process begins with an urgent case assessment, where we analyse your termination notice, employment contract, and workplace policies against the Fair Work Act 2009. We identify potential breaches, such as a lack of valid reason or procedural fairness, which are central to unfair dismissal claims that must be filed within 21 calendar days. Our team then develops a strategic response, which may involve negotiating a severance package or preparing an application for the Fair Work Commission. We guide you through every step, ensuring all actions are compliant with Australian industrial law and aimed at securing your best possible outcome.
Local Considerations — Australia
Employment law practice varies across Australia's states and territories, particularly regarding contractual claims and specific industry awards. The high concentration of corporate headquarters and startups in Sydney and Melbourne generates complex termination cases involving executive contracts and restrictive covenants. In regions with significant mining and resources sectors, such as Western Australia, dismissals often involve intricate enterprise agreements and safety-related disputes. Our national team is structured to navigate these regional legal and industrial nuances, providing locally-informed counsel while leveraging our centralized expertise in Fair Work Commission litigation.
At a Glance
| Parameter | Reference Value |
|---|---|
| Unfair Dismissal Filing Deadline | 21 calendar days |
| Common Claim Types | Unfair, Wrongful, Constructive Dismissal |
| Typical Case Assessment | 1-3 business days |
| Initial Legal Consultation | Case-specific |
Standards & Compliance
- Fair Work Act 2009 (Cth)
- National Employment Standards (NES)
- Relevant Modern Award or Enterprise Agreement
- Common Law Contractual Principles
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Our team reviews your project and issues an initial report at no cost.
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Frequently Asked Questions
What is the first thing I should do after being fired?
Immediately secure a copy of your termination letter and any related correspondence. Do not sign any documents provided by your employer before obtaining independent legal advice. Contact our team to review your situation, as critical deadlines for potential claims begin from your dismissal date.
What is the difference between unfair dismissal and wrongful dismissal?
Unfair dismissal is a statutory claim under the Fair Work Act, alleging the dismissal was harsh, unjust, or unreasonable. Wrongful dismissal is a common law claim for breach of contract, such as dismissal without the required notice period or in violation of the contract's terms. The legal pathways and remedies differ significantly.
How long does a typical unfair dismissal case take?
From filing an application with the Fair Work Commission to a final hearing or conciliated settlement, the process typically takes 3 to 6 months. Timelines depend on the Commission's caseload, the complexity of the matter, and whether the parties engage in early conciliation.
How much does it cost to get legal help after being fired in Australia?
Costs depend entirely on your case's complexity, required actions (e.g., negotiation vs. litigation), and its duration. Many matters are resolved through fixed-fee advice or negotiation. For litigation, costs are typically structured on a time-spent basis. We provide transparent cost agreements after an initial assessment of your specific circumstances.