Employment Lawyers Brisbane
Flexi Legal advises employees in Brisbane and across Queensland on unfair dismissal, general protections claims, employment contracts and workplace discrimination. Our office is in West End, and we work in English and Spanish.
What does an employment lawyer do?
An employment lawyer advises on the rights and obligations that come with a job: how it starts (the contract), what happens during it (pay, conditions, treatment at work) and how it ends (dismissal, redundancy, resignation). Most employees in Queensland's private sector are covered by the Fair Work Act 2009 (Cth), and claims about dismissal usually go to the Fair Work Commission.
The right claim depends on why the employment ended or what went wrong, and some time limits are short. An application about a dismissal must generally reach the Fair Work Commission within 21 days after the dismissal took effect.
Employment matters we handle
Unfair dismissal
A dismissal can be unfair if it was harsh, unjust or unreasonable. Eligibility depends on how long you worked for the employer, the size of the business and your earnings.
Unfair dismissal lawyersGeneral protections
It is unlawful for an employer to take adverse action against you for a prohibited reason, such as exercising a workplace right, taking part in union activity or because of a protected attribute.
About general protections claimsEmployment contracts
Advice before you sign or when a term is in dispute: restraint of trade, notice, bonuses, redundancy pay and changes to your role.
Employment contract lawyersWorkplace discrimination and harassment
Discrimination, sexual harassment and victimisation at work are unlawful under Queensland and Commonwealth law. Complaints can go to the Queensland Human Rights Commission, the Australian Human Rights Commission or, in some cases, the Fair Work Commission.
Talk to us about your situationGeneral protections claims
The general protections are in Part 3-1 of the Fair Work Act 2009 (Cth). They stop an employer from taking adverse action against a person for a prohibited reason. Adverse action includes dismissing someone, injuring them in their employment, changing their position to their disadvantage or discriminating between them and other employees.
Prohibited reasons include:
- Having or using a workplace right, such as making a complaint or enquiry about your employment, or taking leave you are entitled to
- Being, or not being, a union member, or taking part in lawful industrial activity
- A protected attribute, such as race, sex, age, disability, pregnancy, religion or family responsibilities
- A temporary absence from work because of illness or injury
If you were dismissed, a general protections application must generally be lodged with the Fair Work Commission within 21 days after the dismissal took effect. The Commission usually holds a conference to try to resolve the dispute. If it is not resolved, the Commission issues a certificate, and the claim can then go to court or, if both sides agree, to arbitration by the Commission.
A general protections claim and an unfair dismissal claim are different claims with different tests, and you generally cannot pursue both about the same dismissal. Which one fits depends on the reason for the dismissal and the evidence.
Time limits
- 21 days: Unfair dismissal and general protections applications involving dismissal must generally be lodged with the Fair Work Commission within 21 days after the dismissal took effect. Extensions are only granted in exceptional circumstances.
- Other claims: Discrimination complaints and claims about unpaid entitlements have their own time limits. Get advice early so the right limit is identified.
Frequently Asked Questions
Talk to an employment lawyer in Brisbane
Tell us what happened and when. We will explain which claim may apply and the time limit that goes with it.
Serving clients across Queensland | Bilingual service available