Employment Law Legal Hotline Victoria

How long do I have to lodge an unfair dismissal claim in Victoria?

You have exactly 21 days from the date of dismissal to lodge an unfair dismissal application with the Fair Work Commission under the Fair Work Act 2009. This deadline is strict — the Commission has very limited discretion to extend it and routinely rejects late applications even where the delay was caused by attempting to negotiate with the employer or not knowing about the deadline. If you were dismissed today, count 21 calendar days from today. Do not wait. Call 1800 951 176 immediately to get your application right.

Does Victoria's Wage Theft Act 2020 mean my employer can go to jail for underpaying me?

Yes — under Victoria's Wage Theft Act 2020, an employer who deliberately withholds wages, entitlements, or superannuation can face criminal prosecution, with penalties of up to 10 years imprisonment for individuals and fines up to $1.08 million for corporations. The key word is 'deliberately' — the underpayment must be intentional, not a genuine payroll error. Wage Inspectorate Victoria investigates and prosecutes these matters. If you believe your underpayment was deliberate, lodge a complaint at wageinspectorate.vic.gov.au or call 1800 951 176 for advice on how to proceed.

I'm a casual employee in Victoria — can I still claim unfair dismissal?

Yes, casual employees in Victoria can claim unfair dismissal if they were employed on a regular and systematic basis for at least 12 months (or 6 months if the employer is a small business with fewer than 15 employees), and had a reasonable expectation of continuing employment. Many Victorian casuals don't realise they qualify. The key is whether your roster was predictable and ongoing, not whether you were called 'casual' in your contract. Call 1800 951 176 to assess whether you qualify — the 21-day deadline still applies.

What is the Fair Work Commission and where is it located in Victoria?

The Fair Work Commission is Australia's national workplace relations tribunal and its Victorian registry is located at Level 8, 1 Collins Street, Melbourne. It handles unfair dismissal applications, general protections (adverse action) disputes, enterprise agreement approvals, stop-bullying orders, and modern award matters. Most Victorian employment disputes begin here. Applications are lodged online at fwc.gov.au. Conciliation conferences for Melbourne-based matters are usually held by telephone or video. If your matter cannot be resolved at conciliation, it proceeds to arbitration or referral to the Federal Court or Federal Circuit and Family Court.

My employer in Victoria is bullying me — what can I do legally right now?

If you are being bullied at work in Victoria right now, you can apply to the Fair Work Commission under Part 6-4B of the Fair Work Act 2009 for a stop-bullying order while you are still employed. You must act quickly — the application must be made while the bullying is ongoing and before your employment ends. Additionally, if the bullying is causing you psychological injury, report this to WorkSafe Victoria immediately on 13 23 60 and see your GP to document the injury. Workers' compensation for psychological injury is available under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic). Call 1800 951 176 to understand which pathway suits your situation.

I was made redundant in Victoria — how do I know if it was genuine?

A genuine redundancy in Victoria under the Fair Work Act 2009 requires that your employer no longer needed the job done by anyone, consulted with you as required under any applicable modern award or enterprise agreement, and considered redeployment to other roles within the business. If your job was advertised again shortly after your departure, or if consultation did not occur, or if you were singled out while others performing the same role remained, your redundancy may not be genuine and you may have an unfair dismissal claim. Redundancy pay entitlements under the NES also apply. Call 1800 951 176 to assess your situation.

Can I make a workplace discrimination complaint in Victoria, and where do I lodge it?

Yes — workplace discrimination complaints in Victoria are handled under both the Equal Opportunity Act 2010 (Vic) and the Fair Work Act 2009 (Cth). Under the Equal Opportunity Act, you lodge a complaint with the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) at humanrights.vic.gov.au — this is free and VEOHRC will attempt conciliation. If unresolved, the matter proceeds to VCAT. Protected attributes include age, race, sex, pregnancy, disability, sexual orientation, religion, and more. Alternatively, general protections claims under the Fair Work Act can address adverse action based on protected workplace rights. Call 1800 951 176 to identify the most effective pathway for your situation.

My employer wants me to sign a separation agreement — should I sign it?

Do not sign any separation agreement or deed of release in Victoria without first obtaining legal advice. These documents permanently waive your right to claim unfair dismissal, general protections, and potentially underpaid wages — sometimes for far less compensation than you are legally entitled to. Employers sometimes present these documents under time pressure or with emotional pressure. Under Victoria's Wage Theft Act 2020, you may also be signing away the right to recover criminally underpaid wages. A lawyer can quickly calculate what you are owed and whether the offer is reasonable. Call 1800 951 176 before you sign anything.

What is the minimum pay I'm entitled to in Victoria and what if I've been underpaid?

In Victoria, minimum pay is set by the National Minimum Wage (currently $23.23 per hour as of July 2024) and by applicable modern awards under the Fair Work Act 2009 — the award that covers your industry or occupation sets your minimum rates, penalty rates, and allowances. If you've been underpaid, you can recover up to six years of unpaid wages through the courts or Fair Work Commission. If the underpayment was deliberate, Wage Inspectorate Victoria can pursue criminal prosecution under the Wage Theft Act 2020. Fair Work Ombudsman (13 13 94) also investigates underpayments. Call 1800 951 176 to understand your options and calculate what you may be owed.

I work for the Victorian public service — does the Fair Work Act apply to me?

Most Victorian public sector employees are covered by the Fair Work Act 2009 as national system employees, including employees of Victoria's public service departments, statutory authorities, and many public hospitals. This means unfair dismissal, general protections, modern awards, and the National Employment Standards apply. However, some specific categories — including certain police, judicial officers, and emergency services personnel — may be subject to different Victorian state legislation. Conditions are also typically governed by enterprise agreements negotiated through the Fair Work Commission. Call 1800 951 176 to confirm which laws and procedures apply to your specific public sector employment in Victoria.