Commercial lawyer Sydney for employment law, unfair dismissal & general protections
Whether you've just been dismissed, or you're an employer trying to get a termination right, the first conversation costs nothing. Fixed fees, plain language, honest advice on whether you have a case.
Talk to us before the 21-day deadline passes
- ✓ Unfair dismissal applications must be lodged within 21 days of dismissal
- ✓ General protections dismissal claims share the same 21-day limit
- ✓ We'll tell you honestly which claim fits, and whether it's worth pursuing
- ✓ Employers: we defend claims and help you dismiss lawfully the first time
A commercial law firm built around Sydney employment disputes
JB Solicitors is a Sydney commercial law firm acting for both employees and employers in disputes governed by the Fair Work Act 2009 (Cth). Most of our employment work falls into two categories: unfair dismissal claims, and general protections (adverse action) claims. They sound similar. They are legally very different, and picking the wrong one can cost you your case.
I've been dismissed and think it was unfair
You might have an unfair dismissal claim, a general protections claim, or both grounds available. The test is different for each, and you only have 21 days to act.
See unfair dismissalI run a business and need to dismiss someone
Getting the process wrong is the single biggest reason employers lose. We advise on lawful termination before you act, and defend claims once they're lodged.
See how we help employersUnfair dismissal in NSW: eligibility, the 21-day deadline, and what you can recover
Unfair dismissal is a claim that your sacking was harsh, unjust or unreasonable, made to the Fair Work Commission under Part 3-2 of the Fair Work Act 2009. It is not automatically available to everyone who is dismissed. You need to clear four eligibility gates first.
1. Minimum employment period
- 6 months for employers with 15 or more employees
- 12 months for small business employers (fewer than 15 employees)
2. Income and coverage
- Covered by a modern award or enterprise agreement, or
- Earning under the high income threshold, currently $183,100 (from 1 July 2025, indexed each 1 July)
3. Employment status and timing
- Not a genuine casual, unless working a regular and systematic pattern with a reasonable expectation of ongoing work
- Application lodged within 21 calendar days of dismissal taking effect
Days from the date your dismissal takes effect. The Fair Work Commission grants extensions only in exceptional circumstances. Don't let the deadline pass.
What can you actually recover?
Reinstatement is the primary remedy under the Act, but in practice compensation is ordered far more often. Compensation is capped at the lesser of 26 weeks' pay or half the high income threshold. For dismissals from 1 July 2026, that cap rises to $95,050. The Commission weighs your length of service, remuneration, efforts to find new work, and any misconduct that contributed to your dismissal.
Small business employers: the Small Business Fair Dismissal Code
If your employer has fewer than 15 staff, they may rely on the Small Business Fair Dismissal Code as a defence. Following the Code properly, warning an employee, giving them a chance to respond, keeping records, doesn't guarantee the dismissal was fair, but it makes it much harder to challenge. We advise employers on applying the Code correctly, and employees on whether it was actually followed.
General protections and adverse action: the claim with no salary cap and no service minimum
General protections, under Part 3-1 of the Fair Work Act, ask a different question entirely: did your employer take adverse action against you because you exercised a workplace right, held a protected attribute, or took part in lawful industrial activity? You don't need six months' service or an income under any threshold. Anyone can bring this claim.
What counts as adverse action
- Dismissal
- Demotion or a cut to hours, pay or duties
- Refusing a promotion or training opportunity
- Discriminating between employees
Prohibited reasons (s340 to 358)
- Exercising a workplace right, e.g. a complaint about pay or safety
- A protected attribute: sex, age, disability, pregnancy, race, family or carer's responsibilities and more
- Union membership or lawful industrial activity
- Sham contracting arrangements
The reverse onus
- Once you show the adverse action happened, your employer must prove it wasn't for a prohibited reason
- This shifts the legal risk heavily toward employers who can't produce a clean paper trail
There is no statutory cap on general protections compensation. It can include lost wages and superannuation, non-economic loss for hurt and humiliation, and separate pecuniary penalties a court can order against the employer. Talk to us about whether you have a claim.
Time limits differ depending on dismissal
If you were dismissed, you have the same strict 21-day window as an unfair dismissal claim. If you're still employed and facing adverse action short of dismissal, such as a demotion or a pay cut for raising a complaint, you have up to six years to bring a claim in court. That extra time is not an invitation to wait: evidence and memory both fade, and early advice usually produces a stronger outcome.
Unfair dismissal vs general protections: how they actually differ
You can usually only pursue one, since the legal tests and remedies don't run neatly side by side. This table sets out the practical differences we walk clients through in a first consultation.
| Feature | Unfair dismissal | General protections |
|---|---|---|
| Legal test | Was the dismissal harsh, unjust or unreasonable? | Was adverse action taken for a prohibited reason? |
| Minimum service | 6 months (12 months, small business) | None |
| Income cap | Under $183,100, unless award or agreement covered | None |
| Time limit (dismissal) | 21 days | 21 days |
| Time limit (no dismissal) | Not applicable | 6 years |
| Compensation cap | 26 weeks' pay or half the high income threshold ($95,050 from 1 July 2026) | Uncapped |
| Onus of proof | You must prove the dismissal was unfair | Employer must disprove the prohibited reason |
| Available to casuals? | Only regular, systematic casuals with an expectation of ongoing work | Yes |
What does an employment lawyer cost in Sydney?
We agree fees in writing before any work starts. No open-ended billing, no invoice surprises.
Initial consultation
An honest assessment of your prospects, timeframes and options, before you commit to anything.
FWC applications & conciliation
Preparing and lodging Form F2 or F8 applications, responding to a Form F3, and representation at conciliation.
Eligible claims
For eligible unfair dismissal and general protections claims, you pay nothing upfront. Our fee is charged only if the claim succeeds.
What happens after you contact us
Free case assessment
We review your dismissal or workplace situation and tell you honestly which pathway fits, and whether the 21-day deadline is still open.
Fixed-fee engagement
You receive a written costs agreement before any work begins, so you know the cost upfront.
Application or defence prepared
We draft and lodge your Form F2 or F8, or prepare an employer's Form F3 response, backed by evidence and a clear timeline.
Conciliation
Most matters resolve here. We represent you at the Fair Work Commission conference and negotiate on your behalf.
Hearing, if needed
If conciliation doesn't resolve the matter, we prepare and run your case at a formal Fair Work Commission hearing or, for general protections, in court.
Why choose JB Solicitors for employment law
Fixed fees, written upfront
A written costs agreement before we start. No open-ended billing.
Acts for both sides
We represent employees and employers, which means we know exactly how the other side is likely to argue your matter.
24-hour guaranteed callback
A member of our team calls you back within 24 hours of first contact.
No win no fee disputes
For eligible unfair dismissal and general protections claims, our fee is only charged if you succeed.
Six offices across Sydney
Sydney CBD, Parramatta, Canley Heights, Bondi Junction, Oran Park and Norwest, plus online consultations.
Multilingual team
We act for clients across Sydney's diverse communities in English, Mandarin, Vietnamese and other languages.
Questions people ask us most often
What is the difference between unfair dismissal and general protections in Australia?
Unfair dismissal asks whether a sacking was harsh, unjust or unreasonable, and is only open to employees who have completed the minimum employment period and earn under the high income threshold. General protections asks whether an employer took adverse action, such as dismissal, because someone exercised a workplace right or has a protected attribute. Any employee can bring a general protections claim regardless of length of service or salary, and compensation is uncapped, unlike unfair dismissal.
How long do I have to lodge an unfair dismissal or general protections claim?
21 calendar days from the date the dismissal takes effect, for both unfair dismissal applications and general protections dismissal applications to the Fair Work Commission. This is a strict statutory deadline and the Commission will only extend it in exceptional circumstances.
What is the high income threshold for unfair dismissal in 2026?
The high income threshold is $183,100 per year, current from 1 July 2025 and indexed again on 1 July each year. If you're not covered by a modern award or enterprise agreement and you earn at or above this amount, you're generally not eligible to bring an unfair dismissal claim, though you may still have a general protections claim.
How much compensation can I get for unfair dismissal?
Unfair dismissal compensation is capped at the lesser of 26 weeks' pay or half the high income threshold. That cap rises to $95,050 for dismissals occurring on or after 1 July 2026. Reinstatement is the primary remedy, but compensation is ordered far more often in practice.
Is there a cap on compensation for a general protections claim?
No. General protections compensation is uncapped and can include lost wages, superannuation, non-economic loss for hurt and humiliation, and separate pecuniary penalties a court can order against the employer. The employer also carries a reverse onus, meaning they must prove the adverse action wasn't taken for a prohibited reason.
Can I bring both an unfair dismissal and a general protections claim?
You generally need to elect one pathway rather than run both at once, because the remedies and legal tests differ. We assess which claim gives you the stronger case before the 21-day deadline passes, based on how and why you were dismissed.
Do small businesses face different unfair dismissal rules in Sydney?
Yes. A small business employer, fewer than 15 employees, can rely on the Small Business Fair Dismissal Code as a defence, and employees at small businesses need 12 months' service to be eligible to claim, compared with 6 months at larger employers.
What counts as adverse action under the Fair Work Act?
Adverse action includes dismissing an employee, injuring them in their employment, altering their position to their prejudice such as a demotion or cut in hours, or discriminating between employees. It becomes unlawful general protections conduct when it's taken because someone exercised a workplace right, held a protected attribute, or engaged in lawful industrial activity.
Page reviewed by John Bui, Principal Solicitor, JB Solicitors. Admitted to the Supreme Court of NSW · Nationally Accredited Arbitrator · Member of the Law Society of NSW · Lawyers Weekly 30 Under 30 Finalist (2018) · APAC Insider Legal Excellence recognition. Content is general information only and does not constitute legal advice. View full profile →
Employment lawyers across Sydney, from the CBD to the suburbs
Accessible in person at one of our six offices, online, or via home visit for clients who can't travel.
This page is general information only, current as at July 2026, and does not constitute legal advice. Figures such as the high income threshold and compensation cap are indexed annually by the Fair Work Commission on 1 July; confirm current amounts before relying on them in a specific matter.
The first conversation is free. No pressure, no obligation.
Whether you're an employee weighing up a claim or an employer facing one, we'll tell you honestly what your options are, what it costs, and whether we're the right fit.
Contact UsBondi Junction · Oran Park · Norwest