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Common questions about employment law

  1. Have you been dismissed?

    If you think you have been unfairly dismissed you may be able to make an unfair dismissal claim with the Fair Work Commission. You must make your claim within 21 days of dismissal. For more information go to the Fair Work Commission Dismissals website.

    If you think that your dismissal was discriminatory or happened because you raised your workplace rights you can also make a claim with Fair Work Commission. This type of claim is often referred to as a 'General Protections' claim or an 'Adverse Action' claim. You must make your claim within 21 days of dismissal. For more information go to the Fair Work Commission General Protections Disputes website.

    The LawAssist website provides practical information about making a dismissal related claim.

    Remember, if you are making a dismissal related claim you have only 21 days from dismissal to lodge your claim. You may not be able to obtain an appointment with Legal Aid NSW before the time limit expires. It may be necessary for you to lodge the application form with the Fair Work Commission before you come to see us for advice.

    For more information you can contact the Fair Work Commission on 1300 799 675.

    Are you having trouble paying your home loan because you have lost your job? View the brochure for information about some of the things you can do.

  2. Do you want to know about your wages and entitlements?

    If you want to know more about your wages and entitlements and obtaining unpaid amounts then view the Ripped off brochure.

    The LawAssist website also provides information about wages and entitlements.

    The Fair Work Ombudsman's (FWO) website provides detailed information about wages and entitlements. You can also contact the FWO on 13 13 94.

    If your employer is not paying you correctly or you are owed wages, entitlements or termination amounts - you can make a complaint to the FWO, who may investigate and help to resolve the problem. For more information go to the FWO Complaints website.

    To make a complaint to the FWO you need to complete and lodge the FWO Complaint Form.

    Contact the FWO on 13 13 94 to discuss your wages and entitlements problem before you make an appointment with Legal Aid NSW. It may also be appropriate to lodge a complaint with the FWO and have the FWO investigate before you make an appointment to see us.

    Long Service Leave for many workers is still governed by NSW law. The NSW Industrial Relations website contains information about Long Service Leave.

    Superannuation laws are administered by the Australia Taxation Office (ATO). You can make a complaint about unpaid superannuation at the ATO Super website.

  3. Have you experienced discrimination?

    If you want to know more about discrimination read the Discrimination Toolkit.

    If you think that you have been discriminated against in the workplace you can also make a claim with Fair Work Commission. This type of claim is often referred to as a 'General Protections' claim or an 'Adverse Action' claim. For more information go to the Fair Work Commission General Protections Disputes website.

    Remember, if you are making a dismissal related claim to the Fair Work Commission you have only 21 days from dismissal to lodge your claim. You may not be able to obtain an appointment with Legal Aid NSW before the time limit expires. It may be necessary for you to lodge the application form with the Fair Work Commission before you come to see us for advice.

    You can also find more information about discrimination and making a complaint at the websites of the Australian Human Rights Commission or the Anti-Discrimination Board of NSW.

  4. Are you being bullied?

    The Fair Work Commission has the power to make orders to stop workplace bullying and harassment. For more information go to the Fair Work Commission Ant-bullying website.

  5. Are you a member of a Union?

    If you are having problems in your workplace and you are a member of a Union, you should seek help from your Union before contacting Legal Aid NSW. Your Union may be able to communicate with your employer and represent you. Sometimes it may be appropriate for your Union to notify an 'Industrial Dispute' to the Fair Work Commission (or the Industrial Relations Commission of NSW if you are a NSW Government or Local Government employee).

    For more information about Unions and Union membership contact Unions NSW.

  6. Are you a government employee?

    Australian Government employees can find information at the Australian Public Service Commission website.

    NSW Government employees can find information at the NSW Public Service Commission website.

  7. Do you want information about workplace safety and injuries?

    If you have concerns about health and safety in your workplace you should contact WorkCover NSW.

    Legal Aid NSW does not give advice on workplace injury matters or workers compensation. If you need this type of advice you should contact a private practice solicitor as soon as possible. Time limits apply to workers compensation claims - this means that you must get advice quickly. The Law Society of NSW can provide contact details for private solicitors.

    If you are unhappy with a decision of a workers compensation insurer you can contact the WorkCover Independent Review Office (WIRO). WIRO helps injured workers deal with complaints about a decision or action taken by an insurer that affects their entitlements, rights or obligations under NSW workers compensation legislation. This includes complaints about denial of liability by the insurer.

    You can also call LawAccess NSW on 1300 888 529 for information and referrals about workplace injuries.

  8. Spot the signs. Are these employment problems happening to you?
    Factsheet with information about minimum wages, superannuation, dismissal and other problems.