Services and Employee Support

An unfair dismissal occurs when the termination of employment is harsh, unjust or unreasonable under the Fair Work Act. Thousands of employees across Australia contact the Fair Work Commission each year asking whether they can lodge a claim, whether they qualify for compensation or reinstatement, and whether they need a lawyer. An Unfair dismissal application form can be found here and most employees can complete this form and lodge it by themselves. Further details of the unfair dismissal claim process can also be found on the Commission’s website here. Many people search for phrases such as “How do I lodge an unfair dismissal claim”, “Do I qualify for unfair dismissal”, “What is the unfair dismissal payout amount”, “Average payout for unfair dismissal Australia”, or “Fair Work unfair dismissal support”. Most unfair dismissal applications must be made within 21 days of your dismissal date, which applies Australia wide including Queensland, New South Wales, Victoria, Western Australia, South Australia, Tasmania, Northern Territory and the ACT. Missing the deadline can remove your right to take action. Common dismissal scenarios include being terminated without a valid reason, without procedural fairness, without investigation, or after raising concerns. Many people also do not realise that unfair dismissal matters often settle in conciliation rather than proceeding to a full hearing. Compensation can be capped at six months pay depending on circumstances, but outcomes vary significantly and depend on facts and evidence.

How a consult helps

If you are an employee needing support with an unfair dismissal claim, you can book a consultation with the Fair Work Coach. During your session, you will be able to talk openly about what happened and gain clarity before lodging. We will discuss:

• Whether your situation may meet unfair dismissal criteria

• Your eligibility based on length of service, award or agreement coverage and income thresholds

• What conciliation looks like and how to prepare

• Whether you want reinstatement or a negotiated exit (compensation)

• What compensation could realistically look like, based on typical outcomes

• Whether you want to lodge now, wait, or choose a different path.

This session gives you space to think clearly and understand what decision supports your wellbeing, rather than reacting under pressure. Book a Consult Now HERE.

A general protections matter (also referred to as adverse action) involves situations where an employee experiences negative treatment or dismissal because they exercised a workplace right. A general protections application form (where dismissal has occurred) can be found on the Fair Work Commission’s website here. More information on the process can be found here. These rights include making a complaint, requesting flexible work, accessing leave, joining a union, or refusing unsafe work. Many people search for questions such as “Can I be fired for complaining about my manager,” “What is an adverse action claim,” “General protections vs unfair dismissal,” or “How do I lodge a general protections claim with the Fair Work Commission.”

Unlike unfair dismissal, general protections matters focus on the motivation behind the action. They consider whether a decision was made because someone exercised a lawful right or because of a protected attribute such as pregnancy, illness, family responsibilities, cultural background, or union membership. A general protections application relating to dismissal must usually be lodged within 21 days of the dismissal. Applications can also be made while still employed, depending on the situation.

Outcomes can vary significantly. Some matters resolve in conciliation. Others result in negotiated settlement terms or progress beyond the Fair Work Commission. The focus is not just on compensation but also dignity, fairness and process.

How a consult helps
During your session, you will be able to talk through what has happened and gain clarity on whether this category may apply. We will discuss:

• Whether your experience aligns with general protections criteria

• The difference between general protections and unfair dismissal

• Whether you are still within timeframes to lodge

• What outcomes may be possible and whether they align with what you want

• Whether pursuing a claim is right for your wellbeing, goals and circumstances

A consult gives you calm space to think before you make any decisions that may affect your future. Book a Consult Now HERE.

A stand down or suspension can occur when an employer determines that an employee should temporarily cease duties, sometimes with pay and sometimes without. Many employees search for terms such as “Can I be stood down without pay,” “What does suspension mean at work,” “Can I talk to colleagues while suspended,” or “What happens after a workplace suspension.”

Stand downs and suspensions are often linked to investigations, misconduct concerns, health and safety reasons, or organisational decisions. It can be difficult to understand what you can and cannot do during this period. People often feel pressure to respond or communicate urgently, which can sometimes harm their position.

How a consult helps
In a session, we help you understand:

• The likely purpose of your suspension or stand down

• Whether communication with colleagues or management is appropriate

• What next steps may occur and what to expect

• How to respond to an allegations

• What choices exist if the process becomes prolonged or unclear

• What should I do if I am terminated.

A consult helps you pause, understand the situation and plan a considered approach. Book a Consult Now HERE.

Workplace investigations often involve allegations, complaints or concerns raised by others. Many employees feel anxious and are unsure how to answer questions, what investigators will ask, whether they should bring evidence or whether they are allowed support. People frequently search topics such as “How to prepare for an investigation interview,” “What are my rights in a workplace investigation,” or “What do I say if I am under investigation.”

Investigation processes vary across workplaces, and employees are often given minimal notice or information. Without preparation, it is easy to speak defensively or emotionally, which can influence outcomes.

How a consult helps
During your session, we help you:

• Understand how workplace investigations generally operate

• Know what investigators can and cannot do

• Prepare how you want to speak and what to avoid saying

• Organise your thoughts so you feel composed and confident

• Consider whether you require document review after the consult

Preparation can make a major difference to how you feel and how you show up in the process. Book a Consult Now HERE.

A show cause letter often indicates that an employer is considering disciplinary action which may include warnings, termination or changes to employment. These moments can create panic. Many people search terms such as “How do I respond to a show cause letter,” “Show cause example letter,” or “Can I be terminated after a disciplinary meeting.”

Most employees feel an immediate urge to defend themselves or send a quick response. Acting without preparation can increase stress or limit future options.

How a consult helps
A consult gives you time and clarity to understand:

• What the letter means and what decision may be forming

• How to communicate calmly and professionally

• What you want your response to achieve

• Whether responding in writing, verbally or not yet is appropriate

• Whether document review would be useful after the session

Your ability to pause and think before you respond is often your greatest advantage. Book a Consult Now HERE.

Performance processes can feel confronting. Many people search for phrases such as “Is a PIP a warning,” “What does performance management mean,” or “Am I being managed out.”
Performance management can sometimes be fair and development based, and sometimes form part of a longer pathway toward termination or a negotiated exit. Understanding which applies to you is one of the most important first steps.

How a consult helps
In a session, we help you:

• Understand the intent of the performance process

• Avoid reactive communication that may harm your position

• Prepare for meetings and questions

• Plan documentation and note taking that supports clarity

• Think through what you want if the process escalates

You leave with a steadier plan, rather than reacting under pressure. Book a Consult Now HERE.

Bullying involves repeated unreasonable behaviour that creates a risk to health and safety. Many people are unsure whether their experience meets this threshold or feel afraid to speak up. Searches often include “How do I report bullying,” “What is workplace bullying,” or “Should I complain to HR.”

Employees are sometimes concerned about consequences, confidentiality or whether raising concerns will worsen the environment. Talking through the situation first can help you make a grounded decision.

How a consult helps
During your session, we help you:

• Think clearly about what is happening

• Decide whether internal or external action is appropriate

• Understand how to document examples

• Plan how to communicate safely if you choose to raise concerns

• Identify what you need to support your emotional and psychological safety

A consult gives you space and perspective before you choose what to do. Book a Consult Now HERE.

Resignations can occur when emotions are high. People frequently search questions such as “Should I resign,” “Do I resign before a disciplinary meeting,” or “Can I negotiate my exit.”
Resigning without advice may limit your options, including Fair Work pathways or negotiation opportunities.

How a consult helps
In a session, we help you:

• Understand whether resigning now is in your best interests

• Think through timing and impact

• Consider whether you have leverage

• Discuss whether a negotiated exit or settlement could be explored

• Prepare communication if you choose to resign or stay

This is a decision worth making with clarity, not pressure. Book a Consult Now HERE.