Employment law
Employment matters, explained before you act.
Employment law in Australia covers how a job starts, how it is performed and how it ends — contracts, pay and entitlements, workplace disputes, redundancy and dismissal. Strict time limits apply: a general protections or unfair dismissal application usually must be filed within 21 days of the dismissal taking effect. Get advice early, because that period is short and is rarely extended.
Conflict clearance and written engagement are required before the firm acts.Quick answer
Do I need an employment lawyer in Perth?
You should get employment law advice quickly if you have been dismissed, made redundant, underpaid, or asked to sign an employment contract, restraint or settlement deed. Most dismissal claims in Australia must be filed within 21 days, so the practical question is usually not whether you have a claim but whether you are still inside the time limit. Legal Care Australia advises employees and employers in Perth in English and Vietnamese.
- Unfair dismissal and general protections applications generally must be filed within 21 days of dismissal.
- Most Australian employees are covered by the Fair Work Act; WA state-system employees may be covered by WA industrial laws instead.
- Awards and enterprise agreements set minimum pay and conditions that a contract cannot undercut.
- Restraint of trade and confidentiality clauses are enforceable only so far as they protect a legitimate business interest.
- Advice before signing a contract, deed of release or settlement is far cheaper than a dispute afterwards.
Jurisdiction: Western Australia.
What we help with
We advise on employment matters for both employees and employers, and tell you plainly when a matter is better handled elsewhere.
- Employment contracts — review before signing, and drafting for employers.
- Dismissal, termination and forced resignation.
- Redundancy — whether it is genuine, and what should be paid.
- Pay and entitlements, including underpayment, leave and final pay.
- Workplace disputes, warnings, performance management and investigations.
- Restraint of trade, non-solicitation and confidentiality clauses.
- Deeds of release and settlement terms.
- Workplace bullying, discrimination and general protections concerns.
Time limits are the first thing to check
Employment law runs on short, strict clocks. An unfair dismissal or general protections application generally must be filed within 21 days of the dismissal taking effect. Some discrimination complaints have their own periods, and underpayment claims are subject to limitation periods that can cut off older amounts. Extensions are possible only in limited circumstances and are not granted as a matter of course. If you have been dismissed, treat the date it took effect as the start of a countdown and get advice inside that window.
Which system covers you
Most Australian employees are covered by the national Fair Work system. In Western Australia, some employees — typically those engaged by sole traders, partnerships and some unincorporated entities — fall within the WA state industrial relations system instead, which has different rules and different tribunals. Identifying the correct system early matters, because filing in the wrong forum wastes part of a short time limit.
Before you sign anything
Employment documents are usually presented as standard, and often are not. A contract may contain a restraint of trade, a set-off clause affecting overtime, or a probation term that changes your position. A deed of release presented with a settlement offer will usually extinguish every claim you have, including ones you have not identified yet. Once signed, these are difficult to undo. A short review before signing is one of the highest-value steps in employment law.
For employers
Employers usually come to us at one of two moments: setting up employment documents properly, or dealing with a problem that has already started. Both are easier with early advice. Getting the contract, position description and policies right — and following a fair process before terminating — substantially reduces the risk of a claim. If a dismissal or dispute is already on foot, the process you follow from that point still matters.
Employment help in Vietnamese
Employment problems are difficult to explain in a second language, and workplace documents are rarely written in plain terms. Vinh Nguyen speaks fluent Vietnamese and can explain your employment position, your options and the time limits in Vietnamese, so you understand what you are signing or disputing before you decide.
What to prepare
- Your employment contract and any variations.
- Position description, policies or enterprise agreement if you have them.
- Payslips and any records of hours worked.
- Termination, redundancy or warning letters.
- Relevant emails or messages about the issue.
- Any deed of release or settlement offer you have been given.
- The date your employment ended, or the date of the event in dispute.
Risks, deadlines and common mistakes
- Missing the 21-day filing period for a dismissal application.
- Signing a deed of release before understanding what it gives up.
- Assuming a redundancy is genuine when the role continues in substance.
- Assuming a restraint clause is unenforceable, or that it certainly is.
- Resigning in response to pressure without advice on how that affects a claim.
Fees and scope
Employment matters vary widely in scope, so we confirm what is involved and provide a written quote before work begins. Where a matter is outside what the firm accepts, we say so early rather than after costs have been incurred.
COMMON QUESTIONS
Frequently asked questions
How long do I have to challenge a dismissal?+
Generally 21 days from the date the dismissal took effect, for both unfair dismissal and general protections applications. Extensions are only available in limited circumstances. If you are near or past that date, seek advice immediately rather than assuming it is too late — the position depends on the facts.
Is my redundancy genuine?+
A redundancy is generally genuine where the employer no longer requires the job to be performed by anyone because of operational changes, the employer has met any consultation obligations, and redeployment within the business or a related entity was not reasonable. If the same work continues under a different title, or consultation did not occur, the redundancy may be open to challenge.
Can my employer enforce a restraint of trade?+
Sometimes. A restraint is enforceable only so far as it is reasonably necessary to protect a legitimate business interest, such as confidential information or client connections. Scope, duration and geographic reach all matter. Neither assumption — that it is automatically void, or automatically binding — is safe without reading the clause.
I think I have been underpaid. What should I do?+
Start by gathering payslips, records of hours worked and the award or agreement that applies to your role. Underpayment usually turns on whether the correct classification and rates were applied. Limitation periods can cut off older amounts, so raising it promptly protects more of the claim.
Should I sign the deed of release my employer sent?+
Not before it is reviewed. A deed of release usually extinguishes all claims you may have against the employer, including claims you have not yet identified, in exchange for a payment. Whether the payment is reasonable depends on what you are giving up. Review before signing is the point at which advice is most useful.
Do you advise employees, employers, or both?+
Both, subject to a conflict check. We cannot act for both sides of the same matter, so the first step is always confirming there is no conflict before any advice is given.
Can I get employment advice in Vietnamese?+
Yes. Vinh Nguyen speaks fluent Vietnamese and can explain your employment position and the applicable time limits in Vietnamese. Documents filed with a court or tribunal remain in English.