Welcome to Ebra Partners
Employment Lawyers Melbourne
Skilled employment lawyers advising employees and employers on workplace rights, unfair dismissal, contracts, and dispute resolution under the Fair Work Act.
Employment Law Services
We advise both employees and employers on all aspects of workplace law, from individual disputes to enterprise-wide compliance.
Employment Contracts
Drafting, reviewing, and negotiating employment agreements, restraint of trade clauses, and executive contracts.
Learn moreWorkplace Bullying & Harassment
Advice and representation for employees facing bullying or harassment, and for employers responding to complaints.
Learn moreWorkplace Discrimination
Claims involving discrimination on protected attributes, and guidance for employers on their obligations.
Learn moreCompliance
Helping employers meet their obligations under the Fair Work Act, National Employment Standards, and Modern Awards.
Learn moreRedundancy & Entitlements
Advice on genuine redundancy, redundancy pay calculations, and recovery of unpaid entitlements.
Enterprise Agreements
Assistance with enterprise bargaining, fair work approval, and agreement interpretation.
General Employment Advice
Practical day-to-day guidance on workplace rights, obligations, policies, and performance management for employees and employers.
Employment Law — Frequently Asked Questions
How long do I have to make an unfair dismissal claim?
You must lodge an unfair dismissal application with the Fair Work Commission within 21 days of the dismissal taking effect. Missing this deadline is fatal to your claim in most circumstances. Contact us immediately if you have been dismissed.
Am I eligible to make an unfair dismissal claim?
To be eligible, you must have been employed for the minimum employment period (6 months for larger employers, 12 months for small business employers), be covered by the Fair Work Act, and not have been dismissed for genuine redundancy or in accordance with the Small Business Fair Dismissal Code.
Can my employer enforce a non-compete clause?
Restraint of trade clauses are enforceable in Victoria if they are reasonable in scope, geographic area, and duration. Courts will not enforce clauses that are wider than necessary to protect the employer's legitimate business interests. We can assess whether your non-compete clause is enforceable.
What is a general protections claim?
A general protections claim (also called adverse action) arises when an employer takes action against an employee (such as dismissal, demotion, or changes to duties) because the employee exercised a workplace right, such as making a complaint or taking sick leave.
What is an underpayment, and how can I recover unpaid wages?
An underpayment arises when an employer does not pay an employee their correct financial entitlements under an employment contract, enterprise agreement, or award. This includes failing to pay proper overtime rates, penalty rates, or superannuation. You can address underpayment claims by gathering your time records and pay slips, and then lodging a claim through the Fair Work Commission or seeking assistance from the Fair Work Ombudsman to recover your lost wages. For employers, self-auditing payroll systems is vital to avoid severe wage theft penalties.
Are employment laws different for not-for-profit organisations?
The core elements of the Fair Work Act, including protections against unfair dismissal, wage theft, and discrimination, apply to not-for-profit organisations just as they do to corporate businesses. However, employment laws in Victoria can differ regarding worker compensation structures and specific state-based work health and safety rules, depending on the size and legal structure of the organisation.
What should I expect during an initial consultation with Ebra Partners?
During your initial consultation, one of our employment lawyers will review your employment contract, separation letters, or disciplinary notices to evaluate the validity of your case. They will provide tailored advice on your options, explain their fee structures, and outline the potential legal costs involved. Engaging a professional service early ensures you gather the right evidence before your 21-day filing window closes.
What is the eligibility difference between unfair dismissal and general protections?
To file an unfair dismissal claim through the Fair Work Commission, you must be employed for at least six months, earn below the high-income threshold, and not be a genuine redundancy. Conversely, general protections claims have no income caps or minimum employment length criteria, protecting casuals and executives from day one against discrimination (e.g., sex, age, maternity leave) or retaliation for exercising workplace rights. Both claims must be filed within 21 days of termination.
What should I do if I am experiencing workplace bullying?
Workplace bullying includes repeated, unreasonable behaviour that risks your health and safety. You have the right to lodge a formal complaint with your employer. If the issue is not resolved internally, engaging an employment law firm early can help you navigate workplace laws, protect you against retaliatory performance reviews, and advocate for your rights during workplace investigations.
Can I recover my legal costs in a Fair Work Commission dispute?
Generally, no. The Fair Work Commission operates as a ‘no-cost’ jurisdiction, meaning each party pays their own lawyers, and personal legal costs cannot be recovered from the opposing party unless they acted vexatiously or without reasonable cause. Legal costs vary across Victoria depending on the firm’s size, making early strategic advice essential to secure a cost-effective outcome.