Employment Law Legal Hotline Tasmania

I was dismissed today in Tasmania — what do I do right now?

You must act within 21 days, so today counts. Do not sign anything your employer gives you, including any separation deed or release of claims. Write down everything you remember about the dismissal — what was said, who was present, and any prior warnings. Preserve all work emails, contracts, and payslips. Then call 1800 951 176 immediately. A lawyer will confirm whether you're covered by the Fair Work Act 2009 (Cth) or Tasmania's state industrial framework, and walk you through exactly what to do next.

Am I eligible to make an unfair dismissal claim in Tasmania?

Most private sector employees in Tasmania are eligible if they have completed the minimum employment period — 6 months for employers with 15 or more employees, or 12 months for smaller employers — and earn below the high income threshold (currently $175,000 per annum) unless covered by a modern award or enterprise agreement. Casual employees can be eligible if employed on a regular and systematic basis. State public sector employees under the State Service Act 2000 (Tas) may have different eligibility and must approach the Tasmanian Industrial Commission instead of the Fair Work Commission.

What is the Tasmanian Industrial Commission and do I need to go there instead of the Fair Work Commission?

The Tasmanian Industrial Commission (TIC) is Tasmania's state industrial tribunal, operating under the Industrial Relations Act 1984 (Tas). It has jurisdiction over state government employees and matters governed by Tasmanian state awards and registered agreements. If you work for a Tasmanian state government department, local council, or other state entity, you may need to go to the TIC rather than the federal Fair Work Commission. Getting this wrong and lodging with the wrong body wastes your time and may exhaust your deadline. Call 1800 951 176 to confirm which tribunal applies to you.

My employer forced me to resign — can I still make a claim in Tasmania?

Yes — forced resignation is legally recognised as 'constructive dismissal' in Australia and can be pursued as an unfair dismissal claim before the Fair Work Commission. If your employer made your working conditions so unreasonable — through bullying, demotion, pay reduction, or harassment — that a reasonable person would feel they had no choice but to resign, this may constitute dismissal at law. The same 21-day deadline applies from your last day of work. This is one of the most misunderstood areas of employment law, so call 1800 951 176 today to assess your situation.

How does workplace discrimination law work in Tasmania?

Workplace discrimination in Tasmania is primarily governed by the Anti-Discrimination Act 1998 (Tas), which prohibits discrimination on grounds including race, sex, pregnancy, disability, age, sexual orientation, and religious belief. Complaints can be lodged with Equal Opportunity Tasmania, which will investigate and attempt conciliation. If unresolved, matters can be referred to the Anti-Discrimination Tribunal. Alternatively, discrimination can be pursued federally through the Australian Human Rights Commission. Both pathways have time limits. Compensation can include economic loss and hurt and humiliation. Call 1800 951 176 to understand which pathway suits your situation.

I think I'm being underpaid in Tasmania — what can I do?

Underpayment of wages is a serious breach of the Fair Work Act 2009 (Cth) and is unfortunately common across Tasmanian industries including hospitality, retail, and agriculture. You are entitled to be paid at least the minimum wage set by your applicable modern award or enterprise agreement. Contact the Fair Work Ombudsman (13 13 94), who can investigate your employer at no cost to you. If amounts are owed, recovery can be pursued through the Federal Circuit and Family Court of Australia. There is generally a six-year limitation period for civil wage recovery claims. Call 1800 951 176 for immediate guidance.

What protections do I have against workplace bullying in Tasmania?

If you are currently experiencing workplace bullying — repeated unreasonable behaviour that creates a risk to your health and safety — you can apply to the Fair Work Commission for an order to stop the bullying under the Fair Work Act 2009 (Cth). This is available to private sector workers in Tasmania. Applications must be made while you are still employed. WorkSafe Tasmania also regulates psychological safety in the workplace under the Work Health and Safety Act 2012 (Tas) and can investigate bullying as a health and safety matter. If the bullying amounts to discrimination, Equal Opportunity Tasmania is also available.

I was made redundant in Tasmania — was it genuine and am I owed more?

A redundancy is genuine under the Fair Work Act 2009 (Cth) only if your role was truly no longer required, your employer complied with any consultation obligations in their modern award or enterprise agreement, and it was not reasonable to redeploy you. If these conditions aren't met, you may have an unfair dismissal claim. Even if redundancy is genuine, you are entitled to redundancy pay under the National Employment Standards, calculated based on your years of service. Employers with fewer than 15 employees are generally exempt from redundancy pay obligations. Always get legal advice before accepting a redundancy package.

I work for the Tasmanian Government — what are my specific employment rights?

Tasmanian state government employees are primarily covered by the State Service Act 2000 (Tas) and relevant Tasmanian State Service Awards. Disputes about dismissal, discipline, or workplace rights may be handled by the Tasmanian Industrial Commission rather than the Fair Work Commission. The State Service Commissioner also has a role in handling certain conduct and performance matters. Your rights regarding warnings, procedural fairness, and appeals may differ from private sector employees under the federal framework. Because the rules are genuinely different, it is important to get advice specific to your situation — call 1800 951 176 for help.

How long does an unfair dismissal case take to resolve in Tasmania?

Most unfair dismissal cases lodged with the Fair Work Commission in Tasmania are resolved within 4 to 8 weeks of lodgement, as the Commission prioritises conciliation conferences and the majority of cases settle at that stage without a formal hearing. If a matter is not resolved at conciliation, it proceeds to arbitration, which can take several months. The entire process from lodgement to arbitrated outcome can take 3 to 12 months in contested cases. Having a lawyer assist with your conciliation preparation significantly improves your prospects of reaching a satisfactory outcome quickly. Call 1800 951 176 to start the process today.