Employment Law Lawyers in New South WalesOne Call Away

Employment law in NSW operates across two main systems. Most private-sector employees in NSW are covered by the federal Fair Work Act 2009 (Cth), which governs unfair dismissal, general protections, modern awards, enterprise agreements, and the National Employment Standards. NSW public-sector employees are covered by the Industrial Relations Act 1996 (NSW), with disputes heard in the NSW Industrial Relations Commission. Identifying the correct system at the outset is the first job for any NSW employment lawyer.

Unfair dismissal claims under the Fair Work Act must be filed with the Fair Work Commission within 21 days of dismissal — a strict deadline rarely extended. To be eligible, an employee must have completed the minimum employment period (6 months for most employers, 12 months for small business). The Commission considers whether the dismissal was harsh, unjust, or unreasonable. Remedies include reinstatement or compensation capped at 26 weeks' pay (subject to the high-income threshold currently around $175,000).

General protections claims also proceed under the Fair Work Act and have no 21-day cap for non-dismissal matters (though dismissal-based general protections claims have a 21-day deadline). General protections cover adverse action for exercising a workplace right (asking about pay, making a complaint, taking leave), discrimination on protected attributes, and union-related activity. Damages are uncapped and orders for reinstatement, compensation, and pecuniary penalties are available.

Workplace bullying applications under section 789FC of the Fair Work Act allow the Fair Work Commission to make orders to stop bullying — but only where the worker remains in the workplace. If the worker has resigned or been dismissed, the bullying jurisdiction is closed and other claims (workers compensation, general protections, common-law claims) may be relevant. Your partner-firm NSW employment lawyer will identify the correct cause of action quickly.

Discrimination claims in NSW have multiple pathways. Federal discrimination law (Sex Discrimination Act 1984, Racial Discrimination Act 1975, Disability Discrimination Act 1992, Age Discrimination Act 2004) operates through the Australian Human Rights Commission. NSW state discrimination law operates under the Anti-Discrimination Act 1977 (NSW) through the Anti-Discrimination NSW (formerly ADB). Workplace discrimination can also be a general-protections claim under the Fair Work Act. The partner firm will choose the optimal pathway based on the facts.

Post-employment restraints (non-compete, non-solicit, confidentiality clauses) are enforceable in NSW under common-law restraint-of-trade principles, plus the specific NSW statute — the Restraints of Trade Act 1976 (NSW) — which has no direct equivalent in most other states. Section 4 of the Act allows a NSW court to read down an unreasonable restraint to the extent necessary, rather than striking it entirely. This makes NSW employment restraints more enforceable than they would be in most other Australian jurisdictions.