Employment Lawyers and Solicitors in Sydney

Employment law governs the relationship between employers and workers, from the employment contract through to termination. Most private-sector employees in New South Wales are covered by the Fair Work Act 2009 (Cth), the National Employment Standards and an award or enterprise agreement. Common issues include unfair dismissal, general protections claims, redundancy, underpayment of wages and entitlements, restraints of trade, workplace bullying and sexual harassment, and discrimination under federal and NSW legislation. Employers also seek help with contracts, workplace policies, restructures and pay audits. Work health and safety and workers compensation sit outside the Fair Work system and are handled by SafeWork NSW and the Personal Injury Commission.

Which body hears what

The Fair Work Commission deals with unfair dismissal, general protections dismissal disputes, bullying applications and enterprise agreements. Underpayment and other contraventions of the Fair Work Act are pursued in the Federal Circuit and Family Court of Australia (Division 2), the Federal Court of Australia or, for smaller amounts, the Local Court. State public sector and some local government employment falls under the Industrial Relations Commission of NSW. Discrimination complaints in NSW start with the Anti-Discrimination NSW process and can proceed to NCAT. The Fair Work Ombudsman investigates underpayment complaints.

Time limits

Employment claims are often subject to short deadlines. An unfair dismissal application to the Fair Work Commission, for example, must generally be lodged within 21 days after the dismissal takes effect. A solicitor can explain how this applies to a particular situation.

Legal aid and free services

Legal Aid NSW has limited civil law help, and some community legal centres give free advice to eligible workers. Unions and the Fair Work Ombudsman also assist.

What to bring

• The employment contract, letter of offer and any policies
• Termination letters, warnings and performance reviews
• Payslips, super statements and time records
• Emails or messages relevant to the dispute

Checking credentials

Solicitors must hold a current practising certificate on the Law Society of NSW register, and barristers are listed by the NSW Bar Association.

Employment lawyers below act for employees and employers in the Sydney CBD, Parramatta and Western Sydney, the North Shore, the Eastern Suburbs, the Inner West, the South West, Sutherland, the Hills District and the Northern Beaches.

The listings below are alphabetical and are not ranked.

Common questions

What is the difference between unfair dismissal and a general protections claim?

Unfair dismissal asks whether a dismissal was harsh, unjust or unreasonable, and only some employees can bring it, depending on factors such as length of service and earnings. A general protections claim asks whether adverse action was taken for a prohibited reason, such as exercising a workplace right, and has a wider reach.

Is a redundancy payment always owed?

Not always. Redundancy pay under the National Employment Standards depends on the employee's length of continuous service and the size of the employer, and some employees and employers are excluded. An award, enterprise agreement or contract may provide more. A genuine redundancy also requires that the role is no longer needed.

Can an employer enforce a restraint of trade clause?

Possibly. Courts in New South Wales enforce a restraint only to the extent that it is reasonable to protect a legitimate business interest, and they look closely at its length, geographic reach and scope. Restraints that go further than needed may be read down or held unenforceable. The Restraints of Trade Act 1976 (NSW) applies.

Employment lawyers by suburb

Eastern Suburbs

Bellevue Hill, Ben Buckler, Bondi, Bondi Beach, Bondi Junction, Bondi Junction Plaza, Bronte, Centennial Park, Charing Cross, Clovelly, Clovelly West, Coogee, Daceyville, Darling Point, Diamond Bay, Double Bay, Dover Heights, Edgecliff, Hmas Rushcutters, Hmas Watson, Kensington, Kingsford, Maroubra, Maroubra South, Moore Park, North Bondi, Paddington, Pagewood, Point Piper, Queens Park, Randwick, Rose Bay, Rose Bay North, South Coogee, St Pauls, Tamarama, Vaucluse, Watsons Bay, Waverley, Woollahra

Inner West

Annandale, Balmain, Balmain East, Birchgrove, Drummoyne, Leichhardt, Lilyfield, Rozelle, Stanmore, Westgate

North Shore

Artarmon, Cammeray, Castle Cove, Castlecrag, Chatswood, Chatswood West, Cremorne, Cremorne Junction, Cremorne Point, Crows Nest, East Killara, East Lindfield, Gordon, Gore Hill, Greenwich, Hmas Platypus, Hmas Waterhen, Killara, Kirribilli, Kurraba Point, Lane Cove, Lane Cove North, Lane Cove West, Lavender Bay, Lindfield, Lindfield West, Linley Point, Longueville, McMahons Point, Middle Cove, Milsons Point, Mosman, Naremburn, Neutral Bay, Neutral Bay Junction, North Sydney Shoppingworld, North Willoughby, Northbridge, Northwood, Osborne Park, Riverview, Roseville, Roseville Chase, Royal North Shore Hospital, Spit Junction, St Leonards, Waverton, Willoughby, Willoughby East, Willoughby North, Wollstonecraft

Northern Beaches

Allambie, Allambie Heights, Balgowlah, Balgowlah Heights, Beacon Hill, Brookvale, Clontarf, Curl Curl, Fairlight, Forestville, Frenchs Forest, Frenchs Forest East, Freshwater, Harbord, Killarney Heights, Manly, Manly East, Manly Vale, North Balgowlah, North Manly, Oxford Falls, Queenscliff, Seaforth, Warringah Mall

Sydney CBD and Inner South

Alexandria, Barangaroo, Beaconsfield, Broadway, Camperdown, Chippendale, Darling Harbour, Darling Island, Darlinghurst, Darlington, Dawes Point, Eastlakes, Elizabeth Bay, Enmore, Erskineville, Eveleigh, Forest Lodge, Glebe, Golden Grove, Haymarket, Hmas Kuttabul, Kings Cross, Millers Point, Missenden Road, Newtown, Parliament House, Potts Point, Pyrmont, Redfern, Rosebery, Rushcutters Bay, Surry Hills, Sydney, Sydney South, Taylor Square, The Rocks, The University Of Sydney, Ultimo, Waterloo, Woolloomooloo, Zetland