Employment Law Lawyers in Queensland

Employment Law in Queensland

Queensland employment law is governed by both federal legislation including the Fair Work Act 2009 and state-based workers' compensation and workplace health and safety laws. Whether you're facing unfair dismissal, workplace discrimination, or contractual disputes, experienced employment lawyers protect your rights and help navigate the complex workplace relations system.

Understanding Employment Law in Queensland

Most Queensland employment matters fall under the federal Fair Work system, covering minimum wages, working conditions, termination, and workplace disputes. However, Queensland state laws govern workers' compensation through WorkCover Queensland, workplace health and safety under Work Health and Safety Act 2011, and certain public sector employment. Employment lawyers advise both employees and employers on their rights and obligations.

Unfair Dismissal Claims

Employees dismissed from their job may be eligible to file unfair dismissal claims with the Fair Work Commission if employed for the minimum period (usually six months for businesses with fewer than 15 employees, 12 months for larger businesses) and earning below the high income threshold. Claims must be lodged within 21 days of dismissal. Queensland employment lawyers can assess your case, prepare applications, and represent you at conciliation and hearings. Remedies include reinstatement or compensation up to six months' wages.

General Protections Claims

General protections under the Fair Work Act prohibit adverse action against employees for exercising workplace rights, including taking sick leave, making complaints, or union membership. These claims have a 60-day time limit but can result in uncapped compensation. Queensland lawyers can also pursue general protections claims for discrimination based on protected attributes like age, disability, race, or pregnancy.

Workplace Discrimination and Harassment

Queensland's Anti-Discrimination Act 1991 prohibits discrimination in employment based on sex, pregnancy, relationship status, disability, race, age, and other protected attributes. The Queensland Human Rights Commission investigates complaints and attempts conciliation. If unresolved, matters can proceed to the Queensland Civil and Administrative Tribunal (QCAT). Federal discrimination laws also apply through the Australian Human Rights Commission. Sexual harassment, bullying, and victimisation claims can result in compensation for economic loss, hurt, and humiliation.

Employment Contracts and Agreements

Employment lawyers review and draft employment contracts, executive agreements, restraint of trade clauses, and confidentiality agreements. In Queensland, employment terms must comply with the National Employment Standards and relevant modern awards or enterprise agreements. Unlawful contract terms can be challenged. Lawyers advise on enforceability of post-employment restraints and garden leave provisions under Queensland and federal law.

Workers' Compensation

WorkCover Queensland administers workers' compensation for employees injured at work. Claims cover medical expenses, wage replacement, rehabilitation, and lump sum compensation for permanent impairment. Queensland workers can also pursue common law damages claims for serious injuries caused by employer negligence. Time limits apply - workers' compensation claims should be lodged promptly, while common law claims must generally be started within three years. Specialist workers' compensation lawyers maximise your entitlements and navigate the complex claims process.

Redundancy and Restructuring

Redundancy occurs when positions are no longer required. Genuine redundancy entitlements include notice periods, redundancy pay based on years of service, and accrued entitlements. Queensland employees may challenge redundancies that are not genuine or involve unfair selection processes. Consultation requirements apply for large-scale redundancies. Employment lawyers ensure proper processes are followed and maximum entitlements received.

Workplace Bullying

The Fair Work Commission has jurisdiction over workplace bullying applications where repeated unreasonable behaviour creates a risk to health and safety. Queensland also has specific workplace bullying provisions under work health and safety laws. Applications must be made while still employed. The Commission can order employers to take action to prevent bullying continuing. Queensland lawyers can also pursue workers' compensation claims or general protections claims arising from bullying.