The short answer is this: you need an employment lawyer when the cost of getting it wrong is higher than the cost of getting advice. In Perth, that threshold is lower than most people think. Whether you are an employee facing unfair dismissal, a business owner navigating a redundancy process, or either side of a workplace dispute that has gone beyond a quiet conversation, legal advice is not a luxury.
It is the difference between protecting your rights and discovering, too late, that you gave them away. Australian employment law is governed primarily by the Fair Work Act 2009, and it covers everything from minimum entitlements and termination to discrimination, workplace safety, and industrial action. The rules apply equally in Perth as they do anywhere else in the country, but how you respond to a workplace issue, and how quickly, often determines the outcome.
Workplace problems rarely announce themselves with a clear label. A manager says something that feels wrong but might just be poor communication. A letter arrives that looks like a warning but reads like a threat. A redundancy is presented as business necessity, but the role is advertised again three weeks later under a different title. A contractor suspects they are really an employee but has no idea what to do about it.
These situations are common. What is less common is knowing exactly when the situation has crossed from uncomfortable to legally actionable, and that is the gap an employment lawyer fills.
We have spent over 35 years advising employers and employees across Western Australia on their rights and obligations under employment law. The one consistent pattern we see is that people seek legal advice too late. By the time they walk through our door, deadlines have passed, evidence has been lost, or they have signed something they should not have. The purpose of this guide is to help you recognise the moments when legal advice is not just helpful but essential.
If you are looking for an employment lawyer in Perth who can advise on your specific situation, click here to learn how we can help.
Quick Reference: When You Should Contact a Workplace Lawyer
| Situation | Why Legal Advice Matters | Typical Deadline |
| Unfair dismissal | Must lodge a claim within 21 days of dismissal taking effect | 21 calendar days |
| General protections (dismissal) | Must lodge within 21 days | 21 calendar days |
| General protections (non-dismissal) | Must lodge within 6 years | 6 years |
| Workplace bullying | Application to Fair Work Commission for a stop-bullying order | No statutory deadline, but act promptly |
| Discrimination claim | Varies by jurisdiction and grounds | 12 months (federal) or 12 months (WA Equal Opportunity) |
| Underpayment of wages | Recovery action for unpaid entitlements | 6 years from when the amount became due |
| Redundancy dispute | Challenging whether redundancy is genuine | 21 days if pursuing unfair dismissal |
| Contract review (employer or employee) | Before signing, not after | Before execution |
| Restraint of trade or non-compete | Before breaching, not after | Before taking the new role or starting the business |
| Workplace investigation | Before responding to allegations | Before you provide a written response |
The deadlines in this table are not flexible. The Fair Work Commission has limited discretion to extend time, and successful applications for extensions are the exception, not the rule. If you think you might have a claim, get advice immediately.
Understanding Employment Law in Australia
Employment law in Australia is primarily governed by the Fair Work Act 2009, which establishes the national workplace relations system. This system covers the vast majority of employers and employees in Western Australia, particularly those employed by constitutional corporations (which includes most private sector businesses).
For a comprehensive overview of how employment law operates across different countries and legal systems, the Employment law article on Wikipedia provides useful background on the principles that underpin worker protections globally.
The Fair Work System at a Glance
The national system is administered by several bodies, each with a distinct role:
- Fair Work Commission (FWC) is the national workplace relations tribunal. It handles unfair dismissal applications, enterprise bargaining, industrial disputes, and anti-bullying orders
- Fair Work Ombudsman (FWO) is the national regulator responsible for ensuring compliance with workplace laws. It investigates underpayment claims, provides guidance on entitlements, and can take enforcement action against employers
- Federal Court and Federal Circuit and Family Court handle more complex employment disputes, including general protections claims, adverse action claims, and enforcement of court orders
The National Employment Standards (NES) set out the minimum entitlements for all national system employees. These include maximum weekly hours, requests for flexible working arrangements, parental leave, annual leave, personal and carer’s leave, community service leave, long service leave, public holidays, notice of termination and redundancy pay, and the Fair Work Information Statement.
Modern awards and enterprise agreements sit on top of the NES and provide additional industry-specific or enterprise-specific entitlements. If your workplace has an enterprise agreement, the terms of that agreement generally take precedence over the relevant modern award, provided the agreement passes the “better off overall” test.
Recent Changes You Need to Know About
Employment law in Australia has undergone significant reform in recent years, and staying current is critical for both employers and employees.
As of 1 July 2026, the high income threshold increased to $190,100 per annum. This is the threshold above which employees who are not covered by a modern award or enterprise agreement lose the right to bring an unfair dismissal claim. The unfair dismissal compensation cap also increased to $95,050, which represents half the high income threshold.
The contractor high income threshold was also raised to $190,100. Independent contractors earning above this amount cannot access remedies for unfair contract terms, unfair deactivation, or unfair termination under Part 3A of the Fair Work Act.
Parental leave pay under the government scheme expanded to 130 days at the national minimum wage for families with children born or adopted from 1 July 2026 onwards.
These are not abstract numbers. If you earn $185,000 and you are dismissed, you are now under the threshold and can bring an unfair dismissal claim. If you earned that same amount last financial year, before the threshold increased, you could not. Knowing where the line falls, and when it moved, matters.
When Employees Should Seek Legal Help
Not every workplace disagreement requires a lawyer. Some issues can be resolved through a direct conversation with your manager, a complaint to human resources, or an internal grievance process. But there are situations where the stakes are too high, the power imbalance too great, or the legal complexity too significant to navigate without professional advice.
You Have Been Dismissed and Believe It Was Unfair
Unfair dismissal is the most common employment law claim in Australia. To succeed, you must show that your dismissal was harsh, unjust, or unreasonable. You must also meet the eligibility requirements: you need to have completed the minimum employment period (six months for larger employers, 12 months for small businesses with fewer than 15 employees), and you must earn below the high income threshold of $190,100 or be covered by a modern award or enterprise agreement.
The critical point is the 21-day deadline. You have 21 calendar days from the date your dismissal takes effect to lodge your application with the Fair Work Commission. Not 21 business days. Not 21 days from when you decided to take action. Twenty-one days from when the dismissal took effect. If you miss this deadline, your claim is almost certainly gone.
You Are Being Performance Managed and It Feels Wrong
Performance management is a legitimate process when conducted genuinely and in good faith. But it is also one of the most commonly misused tools in the workplace. We regularly see cases where performance management is used not to improve an employee’s performance but to create a paper trail for a predetermined termination.
Signs that a performance management process may not be genuine include:
- The performance issues were never raised before the formal process began
- The targets or expectations are unreasonable, vague, or constantly shifting
- You are not given adequate time, resources, or support to meet the requirements
- Other employees with similar performance are not being managed in the same way
- The process began shortly after you raised a complaint, took leave, or exercised a workplace right
If the performance management is a pretext for dismissal, your termination may be unfair, and you may also have a general protections claim if the real reason for your treatment is a prohibited reason under the Fair Work Act.
You Have Been Made Redundant but the Role Still Exists
A genuine redundancy is a valid reason for termination and is not subject to an unfair dismissal claim. But a redundancy is only genuine if the employer no longer requires the job to be done by anyone, the employer has complied with any consultation obligations under the applicable award or enterprise agreement, and it would not have been reasonable to redeploy the employee within the business.
If your role has been made redundant but someone else is now performing substantially the same duties, or the role is re-advertised shortly after your departure, the redundancy may not be genuine. That opens the door to an unfair dismissal claim, and potentially a general protections claim as well.
You Are Experiencing Workplace Bullying or Harassment
Workplace bullying is repeated unreasonable behaviour directed towards an employee that creates a risk to health and safety. The Fair Work Commission can issue stop-bullying orders under the Fair Work Act, and serious cases may also involve state workplace health and safety legislation, anti-discrimination law, or workers’ compensation claims.
Sexual harassment in the workplace is unlawful under both federal and state legislation. The positive duty on employers to take reasonable and proportionate measures to eliminate sexual harassment, sex discrimination, and victimisation in the workplace was introduced as part of the Respect@Work reforms. This means employers cannot simply wait for a complaint. They are required to proactively prevent harassment.
If you are experiencing bullying or harassment, document everything. Dates, times, witnesses, what was said or done, and any impact on your health. This contemporaneous record is often the most valuable evidence in a claim.
Your Wages or Entitlements Are Not Being Paid Correctly
Underpayment of wages is more common than most employees realise, and the financial consequences for employers who underpay their staff have increased substantially. Penalties for wage theft now include criminal sanctions in certain circumstances, with maximum penalties including imprisonment and fines of up to $7.825 million for corporations.
Common underpayment issues include:
- Incorrect classification under the relevant modern award
- Failure to pay overtime, penalty rates, or allowances
- Unpaid superannuation contributions
- Sham contracting (treating an employee as an independent contractor to avoid entitlements)
- Failure to pay accrued leave entitlements on termination
You can recover unpaid wages and entitlements going back six years from when the amount became due. The Fair Work Ombudsman can investigate and take enforcement action, and you can also bring a private claim through the courts.
When Employers Should Seek Legal Help
Employment law is not a one-sided framework. Employers have rights and obligations too, and the consequences of getting it wrong can be severe, both financially and reputationally.
Before You Terminate an Employee
Dismissing an employee without following a fair process is the single biggest source of unfair dismissal claims. The Fair Work Commission expects employers to have a valid reason for termination, to notify the employee of that reason, to give the employee an opportunity to respond (with a support person if requested), and to genuinely consider the employee’s response before making a final decision.
Small businesses with fewer than 15 employees can rely on the Small Business Fair Dismissal Code, which provides a simplified but still structured process. Following the code correctly provides a complete defence to an unfair dismissal claim, but only if every step is followed. Partial compliance is not a defence.
When Drafting or Reviewing Employment Contracts
An employment contract that is poorly drafted, ambiguous, or non-compliant with the NES or the relevant modern award can expose your business to significant liability. Common contract issues we see include:
- Restraint of trade clauses that are too broad or too long to be enforceable
- Termination provisions that do not meet minimum notice requirements under the NES
- Salary packaging arrangements that inadvertently underpay award entitlements
- Confidentiality clauses that are so broad they cannot practically be enforced
- Casual conversion provisions that do not comply with current legislative requirements
A contract that was compliant three years ago may not be compliant today. Employment law has changed substantially, and contracts need to be reviewed and updated to reflect those changes.
When Managing Workplace Investigations
If a complaint is made against an employee, whether it involves bullying, harassment, discrimination, fraud, or misconduct, the employer has an obligation to investigate the complaint fairly and thoroughly. The investigation must be conducted by an appropriate person (often an external investigator for serious matters), both the complainant and the respondent must be treated with procedural fairness, and the findings must be based on evidence, not assumptions.
A poorly conducted investigation can give rise to claims from both the complainant (if the complaint is not taken seriously) and the respondent (if they are denied procedural fairness). Legal advice before and during the investigation process is essential.
When Restructuring or Making Positions Redundant
Restructuring a business and making positions redundant involves a web of legal obligations. You must ensure the redundancy is genuine, comply with consultation obligations under the relevant award or enterprise agreement, consider redeployment within the business, pay the correct redundancy entitlements, provide the correct notice period, and document every step.
If the redundancy process is challenged, the Fair Work Commission will scrutinise whether the process was genuine and whether the employer met all of its legal obligations. Cutting corners to save time or money during a restructure often costs far more in the long run.
What to Expect From a Perth Workplace LawyerThe Initial Consultation
The first meeting with an employment lawyer typically takes 30 to 60 minutes. During this time, the lawyer will review the facts of your situation, explain your legal rights and options, advise on the strength of your position, outline the likely process and timeframe, and provide an estimate of legal costs.
Come prepared. Bring your employment contract, any relevant correspondence (emails, letters, text messages), payslips, your position description, and any notes you have made about the events in question. The more information you provide at the outset, the more accurate and useful the advice will be.
How Fees Are Structured
Employment lawyers in Perth typically charge on one of the following bases:
| Fee StructureHow It WorksBest Suited To | ||
| Fixed fee | A set price for a defined scope of work (e.g. contract review, unfair dismissal application) | Straightforward matters with a predictable scope |
| Hourly rate | Charged by time spent on the matter | Complex or unpredictable disputes |
| Capped fee | Hourly rate with a maximum cap | Matters where scope is uncertain but the client needs cost certainty |
| No win, no fee | Legal fees are payable only if the matter is successful | Some unfair dismissal and underpayment claims |
Ask about costs upfront. A good lawyer will give you a realistic estimate and will not proceed with work that is disproportionate to the value of your claim or the risk you are managing.
Realistic Timelines
| Matter TypeTypical Timeline | |
| Unfair dismissal (conciliation) | 4 to 8 weeks from lodgement to conciliation conference |
| Unfair dismissal (hearing) | 3 to 6 months if conciliation does not resolve the matter |
| General protections claim | 6 to 18 months depending on complexity and court listing |
| Underpayment claim | 3 to 12 months depending on the amount and whether the employer cooperates |
| Contract review | 3 to 7 business days |
| Workplace investigation | 2 to 8 weeks depending on the number of witnesses and complexity |
| Enterprise agreement negotiation | 3 to 12 months |
These are estimates. Every matter has its own facts, and some resolve quickly while others take considerably longer than expected. Your lawyer should keep you updated on progress and let you know immediately if the timeline changes.
Your Employment Law ChecklistFor Employees
- Have you checked whether you are covered by a modern award or enterprise agreement?
- Do you know whether your contract complies with the National Employment Standards?
- If you have been dismissed, have you calculated whether you are within the 21-day deadline?
- Have you kept copies of all relevant documents, including your contract, payslips, and correspondence?
- Have you documented any incidents of bullying, harassment, or discrimination with dates, times, and witnesses?
- Do you understand the difference between an unfair dismissal claim and a general protections claim?
- Have you checked whether you earn above or below the high income threshold of $190,100?
For Employers
- Are your employment contracts current and compliant with the latest legislative requirements?
- Have you reviewed your modern award or enterprise agreement obligations recently?
- Do you have a documented performance management process that meets Fair Work Commission expectations?
- Have you trained managers on lawful termination procedures?
- Do you have a workplace bullying and harassment policy that complies with the positive duty obligations?
- Have you audited your payroll to ensure all employees are correctly classified and paid?
- Do you have a redundancy procedure that includes genuine consultation and redeployment considerations?
Common Mistakes in Employment Disputes
Missing the 21-day unfair dismissal deadline. This is the most common and most devastating mistake employees make. The deadline runs from the date the dismissal takes effect, not the date you were told, not the date you received written confirmation, and not the date you decided to do something about it. If you are dismissed and you think it might be unfair, get advice immediately. Do not wait to “see how you feel about it” or “try to sort it out directly first.” You can still negotiate directly while protecting your legal position.
Responding to a workplace investigation without preparation. When an employer invites you to respond to allegations, the way you respond can make or break your position. A written response that is defensive, emotional, or poorly structured can be used against you. A response that is prepared with legal advice, that addresses each allegation specifically, and that is measured in tone is far more likely to achieve a fair outcome.
Employers conducting terminations without a proper process. Even when an employer has a valid reason for dismissal, failing to follow a fair process can turn a lawful termination into an unfair one. The most common process failures are not giving the employee a clear reason for the proposed termination, not allowing them to respond, not allowing a support person, and making the decision before the meeting.
Assuming a resignation means no claim can be made. An employee who resigns may still have a claim if they were forced to resign by the employer’s conduct. This is known as constructive dismissal or forced resignation. If the employer made the working conditions so intolerable that the employee had no real choice but to resign, the resignation may be treated as a dismissal for the purposes of an unfair dismissal claim.
Not seeking advice before signing a deed of release. When an employment relationship ends, employers often present a deed of release (also called a deed of settlement) that requires the employee to waive all claims in exchange for a payment. These deeds are enforceable, and once you sign, you generally cannot bring any further claims. Never sign a deed of release without having it reviewed by a lawyer who can advise you on whether the amount offered is reasonable and whether you are giving up claims you did not know you had.
Frequently Asked Questions
How much does an employment lawyer in Perth cost?
The cost depends on the nature and complexity of your matter. A straightforward contract review may cost $1,000 to $2,500. An unfair dismissal claim taken through to conciliation typically costs $3,000 to $7,000. More complex matters that proceed to a hearing or court proceedings can cost $10,000 to $30,000 or more. Many lawyers offer a fixed-fee initial consultation so you can understand your position and the likely costs before committing.
Can I bring an unfair dismissal claim if I was a casual employee?
Yes, but only if you were a “regular casual” employee who had a reasonable expectation of continuing employment on a regular and systematic basis, and you have completed the minimum employment period (six months for larger employers, 12 months for small businesses). Irregular or intermittent casuals who do not meet these criteria are generally not eligible.
What is the difference between unfair dismissal and adverse action?
Unfair dismissal is a claim that your termination was harsh, unjust, or unreasonable. It is assessed by the Fair Work Commission and has a compensation cap. Adverse action (general protections) is a broader claim that covers any adverse action taken against you because you exercised or proposed to exercise a workplace right, or because of a protected attribute such as race, sex, disability, or age. General protections claims can be brought in the Federal Court or Federal Circuit Court and are not subject to the same compensation cap.
Do I need a lawyer for a Fair Work Commission conciliation?
You are not required to have legal representation at a Fair Work Commission conciliation. Many applicants represent themselves. However, having a lawyer or an experienced representative can significantly improve your chances of achieving a favourable outcome, particularly if the employer is legally represented. Conciliation is a negotiation, and the outcome depends largely on how well your case is presented and how effectively you negotiate.
Can my employer stop me from working for a competitor after I leave?
Restraint of trade clauses (also called non-compete clauses) are common in employment contracts, but they are only enforceable if they are reasonable in scope, duration, and geographic area. Courts in Australia start from the position that restraints are void as being against public policy, and the burden is on the employer to prove that the restraint is reasonably necessary to protect a legitimate business interest. Many restraints fail this test because they are drafted too broadly. If you are subject to a restraint, get legal advice before assuming it will or will not be enforced.
Final Word
Employment law is one of those areas where the gap between what people think the law says and what it actually says is wider than it should be. Employees assume they are protected when they are not. Employers assume they are compliant when they are not. Both sides assume that common sense will prevail in a dispute, and both sides are frequently wrong.
The law provides real protections for employees and real rights for employers, but only for those who know what those protections and rights are and how to exercise them. Waiting until a dispute has escalated, a deadline has passed, or a document has been signed is the most expensive form of legal advice there is, because by that point the advice is about damage control, not prevention.
At DFG Legal, we have been advising employers and employees across Western Australia for over 35 years. We understand the Fair Work system, the conciliation and hearing processes, and the practical realities of workplace disputes in Perth. Whether you need a contract reviewed, a dismissal challenged, a restructure managed, or a workplace investigation conducted, we can help. Contact us on +61 8 9367 3331 or visit us at our Como office (Suite 44/11 Preston Street, Como 6152), Armadale office (22 Prospect Road, Armadale WA 6112), or Mandurah office (12 Cooper Street, Mandurah WA 6210) to discuss your situation.
This article provides general information only and does not constitute legal advice. Employment law is complex and fact-specific. Contact DFG Legal for advice tailored to your circumstances.
