Employment Law Lawyers in VictoriaOne Call Away
Need an employment lawyer in Victoria? LawyerLink connects you with a verified Victorian partner firm. Our AI intake handles urgent matters 24/7. Coverage includes unfair dismissal applications, general protections claims, workplace bullying, discrimination, modern award disputes, post-employment restraints, enterprise agreement negotiations, and workplace investigations — for both employees and employers across federal and Victorian state systems.
Employment Law in Victoria
Employment law in Victoria 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. Victorian public-sector employees are covered by the Victorian Public Sector Commission and specific enterprise instruments. Long service leave in Victoria is governed by the Long Service Leave Act 2018 (Vic), which is more generous than the federal entitlement and applies in addition to the Fair Work framework.
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 around $175,000).
General protections claims also proceed under the Fair Work Act. Dismissal-based general protections 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 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, other claims (workers compensation, general protections, common-law claims) may be relevant. Your partner-firm Victorian employment lawyer will identify the correct cause of action.
Discrimination claims in Victoria have multiple pathways. Federal discrimination law operates through the Australian Human Rights Commission. Victorian state discrimination law operates under the Equal Opportunity Act 2010 (Vic) through the Victorian Equal Opportunity and Human Rights Commission. 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 in Victoria (non-compete, non-solicit, confidentiality) are governed by common-law restraint-of-trade principles only — Victoria has no equivalent to the NSW Restraints of Trade Act 1976 that lets a court read down an unreasonable restraint. A Victorian restraint that is too wide will typically be struck out entirely rather than partially saved. Restraint drafting in Victoria therefore requires careful calibration of scope, duration, and geography.
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Employment Law in Victoria — FAQs
- How long do I have to make an unfair dismissal claim in Victoria?
- 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 (general protections, workers compensation, common-law claims) may need to be considered. Move quickly.
- What compensation can I get for unfair dismissal in Victoria?
- 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, though every case turns on its facts.
- How does long service leave work in Victoria?
- Victorian long service leave is governed by the Long Service Leave Act 2018 (Vic). An employee accrues leave at the rate of one-sixtieth of their period of continuous employment, accessible after 7 years (and pro-rata after 7 years if the employment ends in certain circumstances). The Victorian Act is more generous than the federal NES entitlement.
- Are non-compete restraints enforceable in Victoria?
- Generally less enforceable than in NSW. Victoria has no equivalent to the NSW Restraints of Trade Act 1976 that lets a court read down an unreasonable restraint. A Victorian restraint that is drafted too widely is typically struck out entirely rather than partially saved. Careful drafting of scope, duration, and geography matters more here than in NSW.
- What does it cost to bring an employment claim in Victoria?
- These are general ranges. Your actual fee depends on the firm and your specific matter. Unfair dismissal applications have a filing fee around $80 (waived in hardship). Complex general-protections or discrimination matters can run $15,000-$50,000+. The partner firm gives you a clear costs agreement at the start.