Best Wrongful Termination Lawyers in Werribee

About Wrongful Termination Law in Werribee, Australia

Wrongful termination generally means being dismissed from your job in a way that breaches employment law, your contract, or your workplace rights. In Werribee - which is in Victoria and part of the national workplace relations system - most disputes about dismissal are handled under the Fair Work Act and by the Fair Work Commission. People often use the term wrongful termination to refer to unfair dismissal, adverse action or discrimination-related dismissals, and breaches of employment contract. If you think your dismissal was unlawful, you may be able to seek orders for reinstatement, compensation, or other remedies depending on the basis for your claim.

Why You May Need a Lawyer

Employment law can be complex and time-sensitive. A lawyer can help you to:

- Assess whether your situation qualifies as unfair dismissal, a general protections/adverse action claim, discrimination, or a breach of contract.

- Identify the correct decision-maker and jurisdiction - for example, whether the Fair Work Commission is the right forum or a state court is more appropriate.

- Prepare and lodge applications within strict time limits and follow procedural requirements.

- Negotiate termination payouts, redundancy entitlements, and deed of release terms to avoid signing away important rights without adequate compensation.

- Advise on evidence to preserve and build a case - including employment records, performance notes, correspondence, pay slips and witness statements.

- Represent you in mediation, conciliation conferences and hearings to maximise the chance of a favourable outcome.

Local Laws Overview

Key legal rules and institutions relevant in Werribee include:

- Fair Work Act 2009 - the primary federal law governing unfair dismissal, general protections (adverse action), and the National Employment Standards (NES) that set minimum entitlements.

- Fair Work Commission - the tribunal that handles unfair dismissal applications, stop-bullying matters and some general protections disputes.

- Minimum employment periods - to bring an unfair dismissal claim you generally must have worked for at least six months with the employer, or 12 months if the employer is a small business (fewer than 15 employees).

- Time limits - applications for unfair dismissal or certain Fair Work Commission disputes are usually required within 21 days of the dismissal taking effect - extensions are limited and discretionary.

- General protections - protections against adverse action for reasons such as discrimination, exercising workplace rights, temporary absence due to illness, or engaging in industrial activity.

- Anti-discrimination laws - the Victorian Equal Opportunity Act and Commonwealth anti-discrimination laws protect against dismissal for protected attributes such as sex, race, disability, age and others.

- Redundancy and consultation - genuine redundancy requires the role to be no longer required and employers must meet any redundancy pay obligations under the NES and any applicable agreement.

- Work health and safety and bullying - WorkSafe Victoria and the Fair Work Commission can be relevant where dismissal follows workplace bullying or safety issues.

- Contract and common law claims - some wrongful termination matters are better pursued as contract breaches or through Victorian courts depending on the circumstances and remedies sought.

Frequently Asked Questions

What is the difference between unfair dismissal and wrongful termination?

Unfair dismissal is a legal term under the Fair Work Act with specific eligibility rules, time limits and remedies, handled by the Fair Work Commission. Wrongful termination is a broader, informal phrase people use to describe any unlawful or improper dismissal - this can include unfair dismissal, discrimination, breach of contract or adverse action claims.

Am I eligible to make an unfair dismissal claim?

Eligibility usually requires that you are an employee covered by the national system, you have completed the minimum employment period - generally six months or 12 months for small businesses - and your annual earnings are below the high-income threshold if you are a casual or other special category. You also must apply to the Fair Work Commission within the required timeframe.

How long do I have to lodge a claim?

The usual timeframe to apply to the Fair Work Commission for unfair dismissal is 21 days from the date the dismissal takes effect. Other claims, such as general protections, often have similar strict timeframes for applications to the Commission. Courts have different limitation periods, so get advice promptly if you are considering court action.

What remedies are available if my dismissal was unlawful?

Possible outcomes include reinstatement to your job, compensation for lost wages, orders for the employer to take certain actions, or negotiated settlement payments. Remedies vary by claim type. The Fair Work Commission may order reinstatement or compensation for unfair dismissal, while general protections and discrimination claims can attract different orders and remedies.

Can my employer make me sign a termination agreement or deed of release?

Employers often present a termination agreement or deed of release in exchange for a payment. You should not sign any document that waives your rights without understanding the consequences. A lawyer can review the terms, advise whether the payment is fair, and negotiate better terms or additional protections.

What should I do immediately after being dismissed?

Write down exactly what happened and the dates, gather pay slips, employment contract, any performance reviews, correspondence, emails or messages about the dismissal, and names of witnesses. Check whether you were given a reason in writing, and preserve electronic evidence. Seek legal advice before signing anything or accepting offers.

Can I claim discrimination if I was dismissed because of illness, pregnancy or a protected attribute?

Yes. Dismissal due to a protected attribute such as pregnancy, disability, race, age or sex may give rise to discrimination claims under state and federal laws and/or general protections claims under the Fair Work Act. Time limits and forums differ, so early advice is important.

What if my employer says my position was made redundant?

A genuine redundancy requires that the employer no longer needs the position to be performed and they have complied with any consultation or redeployment obligations under the NES and applicable agreement. If you believe the redundancy is a sham to avoid rights or that the employer did not consult or consider redeployment, you may have a claim.

Can I get legal help if I cannot afford a private lawyer?

Yes. There are community legal centres, Victoria Legal Aid for eligible matters, and pro bono assistance programs that can provide advice or representation. The Fair Work Ombudsman and community services can also provide information about your rights and entitlements.

How long does it take to resolve a wrongful termination dispute?

Resolution time varies widely. Some matters settle quickly in mediation, while contested hearings can take months. Timeframes depend on the complexity of the facts, the forum chosen, the availability of hearings and whether you reach a negotiated settlement. Early legal advice can often shorten the process and improve outcomes.

Additional Resources

Useful bodies and resources you can contact or consult include:

- Fair Work Commission - for unfair dismissal applications, stop-bullying matters and information about remedies.

- Fair Work Ombudsman - for advice about entitlements, notice, pay, and what to include in an application.

- WorkSafe Victoria - for workplace safety and bullying issues.

- Victorian Equal Opportunity and Human Rights Commission - for information and complaints about discrimination in the workplace.

- Victoria Legal Aid and local community legal centres - for low-cost or free legal advice and referrals.

- Local employment lawyers or law firms experienced in unfair dismissal, general protections and employment contract disputes.

Next Steps

If you think you have been wrongfully terminated, follow these practical steps:

- Confirm the date your employment ended and whether you received a written termination notice. Time limits often start from this date.

- Collect and preserve all relevant documents - contract, pay slips, emails, performance reviews and any messages about your dismissal.

- Check whether you meet eligibility criteria for an unfair dismissal claim - length of service, employer size and coverage under the national system.

- Consider internal grievance or appeal procedures if appropriate - but be cautious about admitting fault or signing releases.

- Seek early legal advice to assess the best course - unfair dismissal application, general protections, discrimination claim or contract action.

- If relevant, be ready to lodge an application with the Fair Work Commission within 21 days or ask a lawyer about seeking an extension if you are outside that window.

- Preserve evidence and witness details, and avoid deleting messages or records that support your case.

- Where possible, try to resolve the matter through negotiation or mediation to limit time and cost - but only after getting legal advice on offers and release terms.

Getting timely, practical legal advice will help you understand your options and the likely outcomes based on the specifics of your situation in Werribee.