Employment Lawyer Melbourne

Employment disputes move fast. If you have been dismissed, you may have as few as 21 days to lodge an application with the Fair Work Commission. CMH Lawyers acts for both employers and employees in Melbourne and across the Mornington Peninsula, providing clear advice and decisive action when deadlines are tight and the stakes are high.

Unfair Dismissal Claims

Under the Fair Work Act 2009 (Cth), an employee who has been dismissed may apply to the Fair Work Commission for a remedy if the dismissal was harsh, unjust or unreasonable. The application must be lodged within 21 days after the dismissal took effect. This deadline is strictly enforced, and extensions of time are granted only in exceptional circumstances.

Not every employee is eligible to bring an unfair dismissal claim. Eligibility depends on factors including the minimum employment period, whether the employee was covered by a modern award or enterprise agreement, and whether the employer is a small business. We assess your eligibility and the merits of your claim promptly so you can make an informed decision about whether to proceed.

General Protections Claims

The general protections provisions of the Fair Work Act 2009 (Cth) prohibit employers from taking adverse action against an employee because the employee has exercised or proposes to exercise a workplace right, or because of a protected attribute such as race, sex, disability, age, family or carer's responsibilities, or union membership.

Adverse action includes dismissal, demotion, reduction in hours, and other detrimental changes to an employee's position. Where the claim involves a dismissal, an application must be filed with the Fair Work Commission within 21 days. Non dismissal general protections claims are brought in the Federal Circuit and Family Court of Australia or the Federal Court of Australia. We act in both types of claims and advise on the strategic differences between them.

Unpaid Wages and Entitlements

Employers are required by law to pay wages, superannuation, annual leave, personal leave, notice of termination and redundancy pay in accordance with the Fair Work Act 2009 (Cth) and the applicable modern award or enterprise agreement. Underpayment of employees remains a widespread problem, and the penalties for non compliance are significant.

We help employees recover unpaid entitlements, including through demand letters, negotiation and, where necessary, court proceedings. We also advise employers on their payment obligations to ensure compliance and avoid exposure to penalties. If an employment dispute escalates into litigation, we handle proceedings at every stage.

Employment Contracts and Workplace Policies

For employers, prevention is almost always more cost effective than cure. We draft and review employment contracts, independent contractor agreements, restraint of trade and confidentiality clauses, and workplace policies covering areas such as social media use, work health and safety, and disciplinary procedures.

Clear employment contracts set expectations on both sides and reduce the risk of disputes. If you are an employer looking to update your standard contracts or introduce new workplace policies, or if you are an employee who has been asked to sign a new contract and wants independent advice, we can help. For businesses that also need their commercial agreements and terms of trade reviewed, we take a holistic approach to protecting your interests.

Frequently Asked Questions

How long do I have to lodge an unfair dismissal claim?

You must lodge an unfair dismissal application with the Fair Work Commission within 21 days after the dismissal took effect. This deadline is strictly enforced and extensions are granted only in exceptional circumstances. If you have been dismissed, contact a lawyer immediately.

What is a general protections claim?

A general protections claim arises when an employer takes adverse action against an employee for exercising a workplace right, or because of a protected attribute such as race, sex, disability, or family responsibilities. Where the claim involves a dismissal, the application must be lodged with the Fair Work Commission within 21 days.

Can I recover unpaid wages or entitlements?

Yes. The Fair Work Act 2009 (Cth) requires employers to pay wages, annual leave, personal leave, notice of termination and other entitlements in full. If your employer has underpaid or failed to pay you, we can help you recover what you are owed, including through court proceedings if necessary.

Does CMH Lawyers act for employers or employees?

We act for both. For employees, we pursue claims for unfair dismissal, general protections, unpaid entitlements and workplace disputes. For employers, we draft employment contracts, prepare workplace policies, and defend claims.

What should I do if I have been dismissed?

Contact a lawyer immediately. Keep copies of any termination letter, payslips, employment contract and relevant correspondence. We can assess your options and act quickly to protect your rights within the applicable time limits.

Do I need a lawyer for the Fair Work Commission?

While self representation is possible, having a lawyer significantly improves your prospects. The Fair Work Commission has specific procedures, and the legal issues involved require careful analysis of the facts and the law.