Summary

If you have been ripped off by your employer by being underpaid and/or being dismissed/sacked unfairly, we can help. When making a claim, very brief time limits apply from the date you were terminated – contact us immediately or you could miss out on compensation.

Have you been underpaid?

If so, you may have a claim. Your employer may be prosecuted to recover the underpaid amounts. Penalties may also apply.

Have you been dismissed unfairly from your employment?

If so, you may have a claim.

‘Dismissed’ means:

  • when your employer fired you; or
  • where you were forced to resign because of the employer’s treatment of you.

Frequently Asked Questions

Do I have a claim for compensation under the Fair Work Act?

Yes, if you:

  1. Are an eligible employee and not an independent contractor; and
  2. have been continuously employed for at least:
    • One (1) year for employees of small business employers (i.e. less than 15 employees); or
    • Six (6) months continuous service for all other employees; and
  3. have been unfairly dismissed.

In Queensland, the Fair Work Act doesn’t cover all employees. Generally speaking, state public sector and local government employees are not covered by the national Fair Work system and remain under the state system. However some state public sector and local government employers have registered agreements in the national system. Employees covered by those registered agreements are within the national system and are therefore eligible. Some high income employees may also not be eligible to make a claim under the Fair Work Act. This does not mean you have no entitlements – it just means that you under covered under the National Fair Work system.

What has to be proven for my claim to be successful?

You have to prove that the dismissal was harsh, unjust or unreasonable.

Who can I bring the claim against?

The claim is brought against your employer and heard by the Fair Work Commission.

What can I claim compensation for?

The Fair Work Commission may award financial compensation and/or reinstatement.

Who pays me the compensation?

Your employer.

How much compensation can I claim?

The amount of compensation is determined by:

  • The facts and circumstances of each claim.
  • Who the claim is against.

What is involved in the claim process?

You begin the claim process by filing an application with the Fair Work Commission.

Are there any important time limits to bring a claim?

Unfair dismissal

Yes. You have only twenty one (21) days after being dismissed from your employment (excluding the date your dismissal took effect) to file an application for unfair dismissal. If the last day of the twenty one (21) day period is a weekend or a public holiday, the time to lodge your claim is extended by one business day.

It may be possible for The Fair Work Commission to accept a claim late but you run the risk that it will be rejected. You also have to attend a hearing to discuss:

  • Why you were late
  • The merits of your unfair dismissal claim
  • The impact of your late lodgement on your former employer.

Underpayment of Wages

You have six (6) years from the date the money became due within which to make a claim.

We recommend that the employer be given the opportunity to correct the error, provided of course you can show that the employer has underpaid you. If your employer refuses to or if your employment has terminated and your employer claims you have been paid fairly, you must make a claim through an industrial tribunal, if under an award or agreement, or by a court in other instances.