Employment Law Lawyers in TasmaniaOne Call Away
Need an employment lawyer in Tasmania? LawyerLink connects you with a verified Tasmanian partner firm. Our AI intake handles urgent matters 24/7. Coverage includes unfair dismissal applications, general protections claims, workplace bullying, discrimination, modern award disputes, public-sector industrial matters, and post-employment restraints.
Employment Law in Tasmania
Employment law in Tasmania operates across two main systems. Most private-sector employees 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. Tasmanian public-sector employees are covered by the Industrial Relations Act 1984 (Tas), with disputes heard in the Tasmanian Industrial Commission.
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). Remedies include reinstatement or compensation capped at 26 weeks' pay.
General protections claims also proceed under the Fair Work Act. Dismissal-based claims have a 21-day deadline; non-dismissal claims have no equivalent cap. General protections cover adverse action for exercising a workplace right, discrimination on protected attributes, and union-related activity. Damages are uncapped.
Discrimination claims in Tasmania have multiple pathways: federal discrimination law through the Australian Human Rights Commission, Tasmanian state discrimination law under the Anti-Discrimination Act 1998 (Tas) through Equal Opportunity Tasmania, and Fair Work Act general protections.
Long service leave in Tasmania is governed by the Long Service Leave Act 1976 (Tas). Post-employment restraints in Tasmania are governed by common-law restraint-of-trade principles — Tasmania has no equivalent to the NSW Restraints of Trade Act 1976. A Tasmanian restraint drafted too widely typically gets struck out entirely.
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Employment Law in Tasmania — FAQs
- How long do I have to make an unfair dismissal claim in Tasmania?
- 21 days from the date of dismissal. The Fair Work Commission rarely extends this deadline. If you miss it, the unfair dismissal jurisdiction is closed and other claims may need to be considered. Move quickly.
- What compensation can I get for unfair dismissal in Tasmania?
- Compensation is capped at 26 weeks of the employee's pay (subject to the high-income threshold, currently around $175,000). The Commission can also order reinstatement. Median awards have historically been 6-12 weeks' pay.
- How does long service leave work in Tasmania?
- Tasmanian long service leave is governed by the Long Service Leave Act 1976 (Tas). An employee generally accrues 8.667 weeks of leave after 10 years of continuous service, with pro-rata entitlements after 7 years in certain circumstances. The Act is separate from the federal NES protections.
- Where do Tasmanian public-sector industrial disputes go?
- Tasmanian public-sector industrial matters are heard in the Tasmanian Industrial Commission under the Industrial Relations Act 1984 (Tas). The TIC has jurisdiction over public-sector awards, enterprise agreements, discipline, and unfair-dismissal matters.
- Are non-compete restraints enforceable in Tasmania?
- Generally less enforceable than in NSW. Tasmania has no equivalent to the NSW Restraints of Trade Act 1976. A Tasmanian restraint drafted too widely is typically struck out entirely rather than partially saved. Careful drafting of scope, duration, and geography matters substantially.