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Employment lawyer — dismissals and contracts

If you have been dismissed, the deadline is 21 days from the day the dismissal took effect. Twenty-one days from the day the dismissal took effect, and extensions are granted only in exceptional circumstances.

What we do here

  • Dismissed and considering a claim
  • Advice on a deed of release before you sign
  • Employment contract review
  • Employers drafting contracts and policies
  • Redundancy and performance processes

What it costs

Employment work starts at $900. Under s 394(2)(a) of the Fair Work Act 2009 (Cth) the 21 days run from the dismissal taking effect, not from the day notice was given.

How long it takesAdvice on a dismissal is same or next business day, because of the 21-day limit. The Fair Work Commission usually lists a conciliation within a few weeks of lodgement, and most matters settle there.
Employment contract, draftingOne role. Award coverage checked, restraint drafted so it will hold up.
$2,000
Contract suiteUp to four role types. Award coverage checked for each, restraints drafted to be enforceable.
From $5,500
Contractor or consultancy agreementIncluding a sham contracting assessment.
$2,500–$3,500
Deed of release on exitDrafting and negotiation.
$2,200–$3,300
Advice on a disciplinary, performance or redundancy processBefore you act.
$2,000
Single policyOne policy, drafted or reviewed against the law as it currently stands.
$900

Indicative ranges for common matters, including GST, disbursements extra. Your fee is confirmed in writing before work begins. Full list for this area.

Questions people ask

Twenty-one days after the dismissal took effect: s 394(2)(a) of the Fair Work Act 2009 (Cth). Waiting for an internal appeal is not an exceptional circumstance,

Unfair dismissal asks whether the dismissal was harsh, unjust or unreasonable and compensation is capped by s 392(5). General protections asks whether you were dismissed for exercising a workplace right, and there is no cap. You cannot run both for the same dismissal.

Yes. With fewer than 15 employees, the minimum employment period is 12 months, and the Small Business Fair Dismissal Code applies.

Sometimes, but the threshold is high. Conduct outside work only supports a dismissal where it is likely to damage the employment relationship seriously, damages the employer's interests, or is incompatible with your duties.

Guides on this

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General information only. Not legal advice, and no solicitor–client relationship arises until an engagement is confirmed in writing and a conflict check is completed.