A dismissal, a restructure, an unpaid entitlement or a complaint about conduct at work can move quickly, and the time limits are short. Jake McKinley has practised law in Sydney since 1973. We advise on the issues that arise between employers and employees under the Fair Work Act 2009 (Cth) and New South Wales workplace laws.
If you have been dismissed, act now. An unfair dismissal application must generally be lodged with the Fair Work Commission within 21 days of the dismissal taking effect. A general protections claim involving dismissal has the same limit. The Commission will extend that time only in exceptional circumstances.
Dismissal and termination
- Unfair dismissal turns on the reason for the dismissal, the process the employer followed, and the size of the business.
- A redundancy is genuine only if the role is no longer required, consultation obligations have been met, and redeployment has been properly considered.
- An employer can stand employees down without pay only in the limited circumstances set out in section 524 of the Fair Work Act.
Further reading: Unfair dismissal and employee rights · Unfair dismissal for casual employees · Redundancy and redeployment · Lawful stand downs
Pay, entitlements and superannuation
- Underpayment claims commonly turn on award classifications, penalty rates, allowances and record keeping. Intentional underpayment became a criminal offence in defined circumstances from 1 January 2025.
- For superannuation, what counts as ordinary time earnings determines the guarantee payable. Overtime, allowances, bonuses and leave loading are frequently in dispute.
- Long service leave is governed in New South Wales by the Long Service Leave Act 1955. A pro rata entitlement can arise after five years of service in defined circumstances.
Further reading: Criminalisation of wage theft · Ordinary time earnings and superannuation · Payday superannuation · Pro rata long service leave
Conduct, safety and the workplace
- The Fair Work Commission can make orders to stop bullying at work. Separate duties arise under work health and safety and anti-discrimination law, including the positive duty to eliminate sexual harassment.
- Work health and safety duties now extend to psychosocial hazards and to remote and hybrid working arrangements.
- The New South Wales workers compensation scheme was the subject of reform in 2025.
Further reading: Workplace bullying · The legal definition of bullying · NSW bullying and harassment reforms · Digital work systems and WHS · Remote work injury liability · Psychiatric injury · 2025 workers compensation reforms
Contracts and post-employment obligations
- We draft and review employment contracts, including terms dealing with duties, remuneration, confidentiality, notice and termination.
- A restraint of trade binds only so far as it protects a legitimate business interest and goes no further than reasonably necessary in scope, duration and geography.
Further reading: Restraint of trade in settlement · The proposed ban on restraint clauses
Casual, flexible and gig work
Casual employment and the pathway to permanent employment changed under recent amendments to the Fair Work Act. Separate protections now apply to some platform workers, including in relation to deactivation.
Further reading: Casual or full-time employment? · Gig work deactivation protections · The right to disconnect
What it costs
We give an estimate of costs before work begins.
Not sure whether you have a claim? Call 02 9232 8033 or book a consultation online. If there is a deadline running, tell us when you were dismissed.
Frequently asked questions
How long do I have to bring an unfair dismissal claim?
Generally 21 days from the date the dismissal took effect. The Commission can allow a late application only in exceptional circumstances, so the practical answer is to act immediately.
What is the difference between unfair dismissal and a general protections claim?
An unfair dismissal claim asks whether the dismissal was harsh, unjust or unreasonable. A general protections claim asks whether the employer took adverse action because the employee exercised a workplace right, or for another prohibited reason. The eligibility rules and the available remedies differ.
Am I entitled to redundancy pay?
It depends on your length of continuous service and, in some cases, the size of the employer. Small business employers are excluded from the National Employment Standards redundancy provisions in defined circumstances, and an award or enterprise agreement may provide more.
Can my employer stop me working for a competitor?
Only if the restraint protects a legitimate business interest and is no wider than reasonably necessary. A restraint drafted too widely may be unenforceable.
Do casual employees get long service leave?
Casual service can count towards long service leave in New South Wales where the service is continuous within the meaning of the Long Service Leave Act 1955. Whether particular breaks interrupt continuity is a common point of dispute.
I think I have been underpaid. What should I do?
Work out which award or agreement applies and what classification you fall within, then compare that against your payslips and hours. Keep records. Underpayment claims are subject to time limits.
Speak to an employment lawyer
Call 02 9232 8033 or book a consultation online.