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6. Civil law matters - when legal aid is available

6.13. Employment law matters

6.13.1 Unfair Dismissals

Legal aid is available for unfair dismissal proceedings in the Fair Work Commission, the Industrial Relations Commission of New South Wales and on appeal.

For legal aid to be granted in these types of matters the following tests must be satisfied:

6.13.2 Recovery of entitlements

Legal aid is available for proceedings relating to underpayment of wages and employment entitlements in the Chief Industrial Magistrates Court, the Federal Circuit Court, the Federal Court and on appeal.

For legal aid to be granted in these types of matters the following tests must be satisfied:

6.13.3 General Protections under the Fair Work Act

Legal aid is available for claims under the General Protection provisions of the Fair Work Act 2009 (Cth) in the Fair Work Commission, the Federal Circuit Court, the Federal Court and on appeal. Such claims may include:

  • 'adverse action'  where the worker  exercises  a 'workplace right', such as making  a complaint to their employer in relation to their employment
  • dismissal because of absence due to illness or injury, such as the taking of sick leave
  • engaging a worker as a contractor where the worker is really an employee.

For legal aid to be granted in these types of matters the following test must be satisfied:

Note: Applications for legal aid for employment discrimination claims are considered under Discrimination Policy at 6.8.4.

6.13.4 Review of unfair contracts

Legal aid is available for proceedings related to the review of unfair contracts in the Local Court, Chief Industrial Magistrates Court, Federal Circuit Court or the Federal Court and on appeal.

For legal aid to be granted in these types of matters the following tests must be satisfied:

6.13.5 Public Interest matters

Legal aid is available for employment matters where Legal Aid NSW is satisfied the employment matter raises a significant issue of public interest.

For legal aid to be granted in these types of matters the following tests must be satisfied:

See Civil Law Guideline 3.3: Employment Law matters

Date last published: 14/01/2019