Best Wrongful Termination Lawyers in Fairfield

About Wrongful Termination Law in Fairfield, Australia

Wrongful termination in Fairfield, Australia generally refers to a situation where an employee has been dismissed in breach of applicable employment laws, an employment contract, or anti-discrimination rules. Most private-sector employees in Fairfield fall under the national workplace system governed by the Fair Work Act 2009 and the Fair Work Commission. A dismissal can be challenged as an unfair dismissal, a breach of general protections (adverse action), a discriminatory termination, or a breach of contract. State laws and agencies - for example anti-discrimination laws in New South Wales - also apply where discrimination, harassment or unequal treatment is involved. Remedies can include reinstatement, compensation, or negotiated settlements depending on the circumstances.

Why You May Need a Lawyer

There are many situations where engaging an employment lawyer or specialist can materially improve your outcome. Common scenarios include:

- Complex dismissals that mix contract issues, statutory entitlements and discrimination allegations. Lawyers help untangle legal claims and advise on the best forum to bring a claim.

- High-value or high-stakes cases where potential compensation, ongoing pension or seniority issues, or reputational risk are significant.

- Cases involving public sector employment, workplace investigations, or industrial instruments where different procedures and appeal routes may apply.

- Situations where you need representation at the Fair Work Commission, a conference, conciliation session or court hearing.

- When there are procedural defects in the dismissal process - for example, no proper warning, no meeting, or fabricated reasons for dismissal - and you need advice on evidence, witness statements and strategy.

- To negotiate settlement agreements, deed of release terms, or to review redundancy packages and determine whether they are fair and lawful.

Local Laws Overview

Key legal features that affect wrongful termination matters in Fairfield include:

- The Fair Work Act 2009 - most national-system employees are covered by this federal law. It governs unfair dismissal, general protections (adverse action), notice of termination, redundancy entitlements and certain minimum standards.

- Fair Work Commission (FWC) - the national tribunal that deals with unfair dismissal applications, some disputes about general protections and reinstatement or compensation outcomes.

- Fair Work Ombudsman - provides information about minimum entitlements, payslip and notice obligations, and can investigate breaches of workplace laws.

- Small business dismissal rules - employers with fewer than 15 employees at the time of dismissal have special small business considerations which can affect unfair dismissal claims and may allow different procedural approaches by employers.

- NSW anti-discrimination laws - the Anti-Discrimination Act 1977 (NSW) prohibits dismissal on protected grounds such as race, sex, pregnancy, disability and age. Complaints based on discrimination may be pursued with NSW bodies or the Australian Human Rights Commission depending on the circumstances.

- Employment contracts and industrial instruments - individual contracts, awards and enterprise agreements can contain dismissal procedures, notice periods, and other rights that affect a claim for wrongful termination.

- Time limits - statutory time limits apply for lodging unfair dismissal and some other workplace claims. Acting promptly is critical to preserve rights.

Frequently Asked Questions

What is the difference between wrongful termination and unfair dismissal?

"Wrongful termination" is a broad term often used by workers and the public. In legal terms, an "unfair dismissal" is a specific statutory claim under the Fair Work Act for employees who consider their dismissal harsh, unjust or unreasonable. Wrongful termination can also mean dismissal in breach of contract, discrimination, or other unlawful adverse action. The appropriate legal label affects where you apply - for example the Fair Work Commission, a court, or an anti-discrimination body.

How long do I have to file an unfair dismissal claim?

Under the Fair Work Act you must lodge an unfair dismissal application with the Fair Work Commission within the strict time frame set by law. Time limits are short - typically days to weeks from the termination taking effect - so you should act quickly. If you miss the time limit you may lose the right to bring that claim, although exceptional circumstances may allow an extension in rare cases.

Can my employer sack me without notice?

Employers must comply with minimum notice requirements and pay in lieu of notice in many circumstances under the National Employment Standards and employment contracts. Summary dismissal without notice may be lawful where serious misconduct has occurred. Whether a no-notice dismissal is lawful depends on the reason given, available evidence, and any contractual or award terms.

What if I was dismissed because I took sick leave, parental leave or raised a safety concern?

If you were dismissed for exercising a workplace right - such as taking lawful leave, making a complaint about safety, or asserting entitlements - that may amount to unlawful adverse action under the general protections provisions of the Fair Work Act. Similarly, dismissal for pregnancy, family responsibilities or disability may breach anti-discrimination laws. These matters can be complex and often warrant legal advice early.

Does redundancy count as wrongful termination?

Redundancy is lawful if it is genuine - that is, the employer no longer requires the employee's position and the employer complied with consultation and redeployment obligations where applicable. A redundancy can be challenged as unlawful if it is a sham - for example it was motivated by a discriminatory reason, or the employer failed to consult or redeploy where required.

Do small employers have different rules when they dismiss staff?

Yes. Employers who employ fewer than 15 employees at the time of dismissal are treated as small businesses for unfair dismissal purposes. The small business dismissal provisions and the small business fair dismissal code can affect the fairness assessment and the employer's process obligations. However discrimination and general protections laws can still apply regardless of employer size.

Can I get my job back after an unfair dismissal?

Reinstatement is one of the remedies the Fair Work Commission can order, but it is not always granted. The Commission considers whether reinstatement is practicable, appropriate and consented to by the parties. If reinstatement is not suitable, the Commission may award compensation instead.

How is compensation for wrongful termination calculated?

Compensation depends on the legal basis of the claim. For unfair dismissal, the Commission may order compensation based on lost wages and other relevant factors subject to statutory caps and offsets for mitigation. For breach of contract or discrimination claims, courts or tribunals use different calculation methods. Determining likely compensation requires case-specific analysis and legal advice.

Do I need a lawyer to make a claim?

You can lodge some claims without a lawyer, and the Fair Work Commission offers conciliation to help parties settle. But lawyers are valuable when issues are legally complex, evidence needs to be developed, negotiations are difficult, or you need representation at hearings. A lawyer can also help preserve rights, calculate entitlements, and advise on settlement strategies.

What evidence should I gather if I think I was wrongfully terminated?

Collect as much relevant material as you can - employment contracts, award or enterprise agreement details, payslips, termination letter, emails, messages, performance reviews, meeting notes, witness names, dates of meetings and conversations, any medical certificates, and records of leave taken. Keep a detailed timeline of events and any steps you took to resolve issues internally. This evidence will be important for any application or negotiation.

Additional Resources

Helpful bodies and resources for people in Fairfield include national and NSW agencies and community legal services that provide information, dispute resolution and legal assistance:

- Fair Work Commission - national tribunal for unfair dismissal and some workplace disputes

- Fair Work Ombudsman - information about pay, notice, and entitlements

- Australian Human Rights Commission - handles federal discrimination complaints in some circumstances

- NSW Anti-Discrimination Board - deals with state-based discrimination complaints

- Legal Aid NSW - can provide legal advice or referrals for eligible people

- Community legal centres in NSW - local free or low-cost legal services that can assist with employment matters and referrals

- Professional employment law firms and solicitors - for private legal advice and representation

Next Steps

If you believe you have been wrongfully terminated, follow these practical steps to protect your rights:

- Act quickly - identify the date your employment ended and check statutory time limits for lodging claims.

- Gather documents and evidence - employment contract, termination notice, emails, pay records, performance notes and witness contact details.

- Seek initial advice - contact Fair Work Commission or Fair Work Ombudsman for information, and consider calling a community legal centre or Legal Aid NSW to assess whether you have a viable claim.

- Consider legal representation - if the case is complex or high value, consult an employment lawyer for a targeted assessment and to discuss likely outcomes and costs. Many lawyers offer an initial consultation or fixed-fee assessment.

- Attempt internal resolution if appropriate - some disputes can be resolved through internal grievance procedures, mediation or settlement negotiations. Get any settlement offers reviewed before signing release documents.

- Lodge a formal application - if conciliation or negotiation does not resolve the matter, you may need to file an unfair dismissal, general protections or discrimination application with the correct tribunal or court within the required timeframe.

Taking measured, early steps and seeking the right advice will help you preserve options and improve the chance of a satisfactory outcome.