What we help with / Work
Work: dismissal, contracts and pay
Australian employment law explained in Polish and English. We act for employees and employers across Australia under the Fair Work Act 2009 (Cth).
In short
- If you are dismissed, you have 21 days to apply to the Fair Work Commission, counted from the day the dismissal took effect.
- An unfair dismissal claim usually needs 6 months’ service, or 12 months with an employer of fewer than 15 employees.
- Unpaid wages can be claimed for up to 6 years back, and amounts up to $100,000 through a simpler small claims procedure.
- Since 1 January 2025, intentional underpayment of wages has been a criminal offence.
- Cost and next step: you receive a written quote before work starts. Call 1800 776 529 or write to us; we reply within one business day.
Does this page cover your job?
Most people employed in Australia are in the national workplace relations system under the Fair Work Act 2009 (Cth). That is why we act in employment matters across Australia, not only in Victoria, for employees and for employers.
The Fair Work Commission lists exceptions, including state public sector employees in New South Wales, Queensland, South Australia, Tasmania and Western Australia. In Victoria, some senior state public sector executives and law enforcement officers are outside the system. If that is you, tell us at the start.
Dismissed? The 21-day limit
There are two main claims. An unfair dismissal claim says the dismissal was harsh, unjust or unreasonable. A general protections claim says the reason was prohibited, such as your asserting a workplace right, or your age, race or national extraction.
Both go to the Fair Work Commission, and the deadline for each is 21 days after the dismissal took effect. The time does not wait until you learn about your rights. The Commission accepts a late application only in exceptional circumstances.
As a general rule, you can bring only one of these claims about a dismissal, so get advice on the choice before you file.
Who can claim unfair dismissal
You must have completed the minimum employment period: 6 months, or one year with a small business employer (fewer than 15 employees). All employees count towards the 15, but casual employees count only if they work on a regular basis.
You must also have modern award or enterprise agreement coverage, or annual earnings below the high income threshold. For dismissals on or after 1 July 2026, the threshold is $190,100 a year.
A genuine redundancy is not an unfair dismissal, and nor is a small business dismissal that followed the Small Business Fair Dismissal Code. A general protections claim has no minimum service period and no income limit.
Underpaid or unpaid wages
A court claim for underpaid wages must be brought within 6 years. Back pay is limited to the 6 years before the case began.
Amounts up to $100,000 can go through the small claims procedure in a magistrates court or the Federal Circuit and Family Court of Australia. It is less formal, and a lawyer may appear only with the court’s permission.
Since 1 January 2025, an employer who intentionally fails to pay required amounts in full and on time commits a crime. This is often called wage theft. An individual faces up to 10 years’ imprisonment, and a company a large fine.
Keep your pay slips, which your employer must give you within one working day of paying you. The Fair Work Ombudsman (fairwork.gov.au) publishes pay rates and can investigate underpayments.
Before you sign an employment contract
Check which modern award or enterprise agreement covers the job, because these set minimum pay rates and allowances. The National Employment Standards apply whatever the contract says, and your employer must give you the Fair Work Information Statement.
The minimum notice an employer must usually give is 1 to 4 weeks, depending on service. Add a week if you are over 45 with at least 2 years’ service. Read any restraint of trade clause closely: how long it lasts, where it applies and what work it covers.
For employers: getting a dismissal or a contract right
The Fair Work Commission asks whether there was a valid reason, and whether the employee was told of it and could respond. It also considers any refusal of a support person and, for poor performance, earlier warnings. A small business should follow the Small Business Fair Dismissal Code, and notice must generally be in writing and give the last day.
We draft employment contracts, check award classifications and review a dismissal plan before you act. We also act for employers in the Fair Work Commission and in court.
Questions
Have another question? Phone 1800 776 529 or send us a message.
Not always, but the Commission extends time only in exceptional circumstances. It looks at the reason for the delay, what you did to dispute the dismissal and the merits of your claim. Contact us as soon as you can.
A genuine redundancy is not an unfair dismissal. Whether it was genuine is for the Commission to decide, so check it within the 21 days.
Yes. We act in Fair Work Act 2009 (Cth) matters across Australia, and we meet by phone or video.
Law referred to
- Fair Work Act 2009 (Cth) ss 23, 61, 117, 125, 327A, 340, 351, 365, 366, 382, 383, 385, 387, 388, 394, 536, 544, 545(5), 548, 682, 725.
Radek Dajer is an Australian lawyer and notary public who speaks Polish. He practises Australian law and does not advise on Polish law; for questions of Polish law, we bring in a lawyer or notary in Poland.
Dismissed or underpaid? Act now.
The 21 days are already running, so call 1800 776 529 or write to us today.
Phone: 1800 776 529
Email: info@polishlawyer.com.au
Hours: Monday to Friday, 9 am to 5:30 pm
Office: 435 Nepean Highway, Frankston VIC 3199