Best Hiring & Firing Lawyers in Box Hill South

About Hiring & Firing Law in Box Hill South, Australia

Employment law in Box Hill South is governed by a mix of federal and state rules - with most core employee protections set by the federal Fair Work Act and associated National Employment Standards, and additional protections under Victorian state laws for areas like discrimination and occupational health and safety. Box Hill South is a suburb in metropolitan Melbourne, so residents and employers are subject to Victorian legislation as well as Commonwealth employment law. Typical legal issues in hiring and firing include contract terms and classification, probation and trial periods, dismissal processes, redundancy entitlements, anti-discrimination obligations, workplace safety, and record-keeping and pay requirements.

Why You May Need a Lawyer

You may need an employment lawyer if you are an employee, employer or contractor facing any of the following situations:

- You have been dismissed and want to know whether the dismissal was lawful or whether you have an unfair dismissal claim.

- You face or are accused of serious misconduct, and you need advice on procedural fairness and potential consequences.

- Your employer is proposing redundancy, restructures or changes to your duties and you need to confirm entitlements and process.

- You believe you have been discriminated against, harassed or subjected to adverse action because of a workplace right, protected attribute or workplace complaint.

- You need help negotiating or drafting an employment contract, restraint of trade clause, or confidentiality agreement.

- You have not been paid entitlements such as wages, penalty rates, leave, redundancy or superannuation.

- You are an employer wanting to follow correct dismissal procedures, apply the Small Business Fair Dismissal Code or manage risk when terminating staff.

- You need representation in conciliation, mediation, or before the Fair Work Commission or courts.

Local Laws Overview

- Fair Work Act and National Employment Standards - The Fair Work Act 2009 sets the minimum entitlements for most employees in Australia. The National Employment Standards (NES) provide minimum rights such as maximum weekly hours, annual leave, personal leave, parental leave, notice of termination and redundancy pay in eligible cases.

- Modern Awards and Enterprise Agreements - Most jobs are covered by a modern award or an enterprise agreement that sets minimum wages, classifications and conditions. Employers must ensure contracts and pay practices comply with relevant award or agreement.

- Unfair Dismissal - Employees who meet eligibility requirements can apply to the Fair Work Commission for unfair dismissal remedies. Key eligibility points include the minimum employment period and whether the dismissal was harsh, unjust or unreasonable.

- Small Business - Different rules apply for small businesses (commonly defined as employers with fewer than 15 employees in relation to unfair dismissal and redundancy pay). Small business employers can use the Small Business Fair Dismissal Code to demonstrate a lawful dismissal process.

- General Protections and Adverse Action - The Fair Work Act protects workplace rights, freedom of association and protection from adverse action. Dismissal for exercising a workplace right, making a complaint, or for reasons related to protected attributes can give rise to a general protections claim.

- Anti-Discrimination - Victorian and Commonwealth anti-discrimination laws operate alongside the Fair Work Act. The Victorian Equal Opportunity Act and federal statutes protect employees from discrimination and harassment on grounds such as sex, race, disability, age and others.

- Workplace Health and Safety - WorkSafe Victoria enforces health and safety duties. Health and safety complaints and WHS investigations can intersect with employment law, for example where a dismissal follows a safety complaint.

- Workers Compensation and Long Service Leave - Workers compensation claims are handled by WorkSafe Victoria. Long service leave and other state entitlements are governed by Victorian legislation.

- Records and Payslips - Employers must keep employment records and issue payslips that meet federal and state requirements.

- Remedies and Forums - The Fair Work Commission handles unfair dismissal claims, some disputes and conciliation. Anti-discrimination matters may be dealt with by the Victorian Equal Opportunity and Human Rights body or tribunals such as VCAT. Serious disputes may proceed to federal courts.

Frequently Asked Questions

What is unfair dismissal and how do I know if I have a claim?

Unfair dismissal occurs where an employee is dismissed in a way that is harsh, unjust or unreasonable. To have a claim you generally must be an employee (not an independent contractor), meet the minimum employment period (usually six months, or 12 months for small business employers with fewer than 15 employees), be covered by a modern award or agreement or earn below the high income threshold, and lodge an application to the Fair Work Commission within the time limit. A lawyer can review the circumstances to assess whether procedural fairness and a valid reason for dismissal were present.

How long do I have to lodge an unfair dismissal application?

Unfair dismissal applications to the Fair Work Commission generally must be lodged within 21 days of the dismissal taking effect. The Commission may extend the time in exceptional circumstances, but you should act promptly and seek advice early.

What notice or payment am I entitled to when my job ends?

Minimum notice periods are set by the NES and vary with length of service. Employers must provide notice or payment in lieu. Final pay should include outstanding wages, accrued leave entitlements, any applicable redundancy pay, and superannuation where required. Contract terms, awards and agreements may provide better entitlements than the minimums.

Am I entitled to redundancy pay?

Redundancy pay may be payable under the NES depending on length of service and business size. Small business employers (commonly fewer than 15 employees) are generally exempt from redundancy pay obligations. Whether a redundancy is genuine and whether correct consultation and process occurred are important legal considerations.

Can I be dismissed during a probation or trial period?

Probation or a trial period does not remove legal protections. You still may have rights to procedural fairness and, if you meet eligibility, to bring an unfair dismissal claim. Employers should follow fair performance management during probation and document processes and support provided.

What is the Small Business Fair Dismissal Code?

The Small Business Fair Dismissal Code provides practical steps small business employers can follow to fairly dismiss an employee for poor performance or misconduct. Complying with the Code makes it easier for a small business to demonstrate the dismissal was not unfair. The Code has specific requirements on warnings, investigation and documentation.

What should I do if I was dismissed after raising a safety or bullying complaint?

If your dismissal followed a WHS complaint, bullying report or other protected act, you may have a general protections claim under the Fair Work Act. Document the timeline, preserve communications, seek urgent legal advice and consider contacting WorkSafe Victoria if the matter involves workplace safety. Early legal advice helps preserve options including urgent relief.

Are casual employees protected from unfair dismissal?

Casual employees can be eligible for unfair dismissal protections if they meet the eligibility criteria, including the minimum employment period and coverage requirements. The definition and rights of casuals are subject to legal tests, so review of the employment pattern and contract is important.

How do I get unpaid wages, penalty rates or superannuation?

You can seek assistance from the Fair Work Ombudsman to recover unpaid wages and entitlements. If issues remain unresolved, a lawyer can advise on alternate approaches including statutory claims, recovery through the courts, or pursuing the matter via the Fair Work Commission. Keep accurate records of hours, payslips and communications.

What costs are involved in taking an employment dispute to the Fair Work Commission or court?

Costs vary depending on the forum, complexity and whether you instruct private lawyers. The Fair Work Commission commonly handles initial unfair dismissal and conciliation without court filing fees, but court litigation may attract higher costs. If cost is a concern, consider community legal centres, Legal Aid Victoria or union assistance. A lawyer can outline likely costs and funding options including conditional arrangements in some circumstances.

Additional Resources

- Fair Work Ombudsman - for information about pay, awards, entitlements and complaints handling.

- Fair Work Commission - for unfair dismissal applications, dispute resolution and industrial relations matters.

- WorkSafe Victoria - for workplace health and safety and workers compensation matters.

- Victorian Equal Opportunity and Human Rights bodies and Victorian Civil and Administrative Tribunal - for state-based discrimination and human rights complaints.

- Australian Human Rights Commission - for federal discrimination and human rights complaints.

- Legal Aid Victoria - for information and possible legal assistance depending on eligibility.

- Local community legal centres - for no-cost or low-cost legal advice and assistance in the eastern Melbourne area.

- Industry unions and employer organisations - for representation, advice and resources specific to particular industries.

- Business Victoria or small business advisory services - for employer-focused guidance on correct processes and obligations.

Next Steps

- Confirm your status and collect documents - Keep written contracts, emails, payslips, performance records, termination letters, and any communication relevant to the hiring or firing issue.

- Act quickly - Be mindful of strict time limits for unfair dismissal and other statutory claims. Lodge enquiries or applications promptly and seek urgent advice if needed.

- Seek initial advice - Contact an employment lawyer, community legal centre, union or Legal Aid Victoria to understand eligibility, likely outcomes and costs.

- Consider internal steps - Where appropriate, request written reasons for dismissal, use internal appeal or grievance procedures and attempt to resolve the matter through conciliation before starting formal proceedings.

- Use government and regulatory channels - Report or seek assistance from the Fair Work Ombudsman, Fair Work Commission or WorkSafe Victoria when applicable.

- Prepare for resolution - If pursuing a legal claim, be ready to provide clear records, attend mediation, and consider settlement options. If you are an employer, document the process you followed when making a decision to dismiss to reduce legal risk.

If you are unsure of your rights or obligations, consult a qualified employment lawyer in the Box Hill South or greater Melbourne area who can provide tailored advice based on the full facts of your situation.