PERTH · WESTERN AUSTRALIA
Employment Disputes in Perth
Facing unfair dismissal, unpaid entitlements or a workplace being handled badly? You have rights at work, and strict deadlines for acting on them. We help WA employees resolve disputes with their employer, from negotiation through to formal claims.
EMPLOYMENT DISPUTES IN WA
Workplace disputes cover issues like unfair dismissal, unpaid wages, discrimination and breaches of your employment contract. Some claims, such as unfair dismissal, have very short deadlines, often just 21 days from the date employment ends. Getting advice quickly protects your options and your entitlements.
Just been sacked? Forced to resign? Treated unfairly at work?
A sudden dismissal, a redundancy that doesn’t add up, a hostile workplace you couldn’t stay in — you have rights, and they may be worth more than you think.
At MPK Lawyers, we represent employees across Western Australia. We listen, we assess your situation, and we give you straight advice on whether you have a claim and what it is realistically worth.
Free first consultation.
Time limits are strict. You may have as little as 21 days from dismissal to lodge a claim. Do not wait.
Is what happened to you actually unfair dismissal?
Most people who have just lost their job ask the same question. The answer is not always obvious and getting it wrong, or missing the deadline, can cost you the claim entirely. There are two main pathways. We assess your situation and advise which claim, or combination of claims, gives you the strongest position.
Unfair Dismissal
If your dismissal was harsh, unjust or unreasonable, for example, you were sacked without warning, given no chance to respond to allegations, or let go for reasons that don’t stack up — you may have an unfair dismissal claim.
To be eligible you generally need:
- At least 6 months' service with your employer (or 12 months if they have fewer than 15 employees)
- To be covered by a modern award, enterprise agreement, or earn below the high income threshold which gets amended yearly)
Compensation: capped at 26 weeks’ pay. Most claims resolve through conciliation which is an informal, confidential process without a formal hearing.
General Protections (Adverse Action)
This is the claim most people don’t know about — and it’s often the stronger one.
If your employer dismissed you because you did something you were legally entitled to do such as complained about your pay, took personal leave, raised a safety concern, or reported workplace misconduct, that is adverse action. The dimissal for such rasons are unlawful and the duration of your employment is irrelevant to your eligibilty for a claim
Key differences from unfair dismissal:
- No minimum service period — you can claim even in your first week
- Compensation is uncapped
- The employer must prove they did not act for a prohibited reason (the legal burden shifts to them)
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Can include compensation for hurt, humiliation and distress — not just lost wages
- May include Pecuniary Penalties against the employer which may be awarded to you
Bullying, Harassment & Discrimination
Is what is happening at your workplace illegal?
If you are being humiliated, threatened, isolated, screamed at, or treated differently because of who you are — that may be unlawful. You don’t have to still be employed for this to matter, and you don’t need a formal complaint already on file.Workplace Bullying
Repeated unreasonable behaviour that creates a risk to your health or safety is bullying. It does not have to be physical. Exclusion, public humiliation, being set impossible tasks, having your work undermined — all of this counts.
We can apply to the Fair Work Commission for a stop bullying order, and pursue compensation under state and federal law. We also advise on whether your employer’s failure to act on complaints creates its own legal exposure.
Sexual Harassment
Unwanted sexual advances, touching, explicit messages, or comments of a sexual nature that offend, humiliate or intimidate you are unlawful. You have avenues under both WA and federal law, and you do not need to have reported it internally before coming to us.
We help you gather evidence, protect your privacy, and pursue compensation or injunctions. We also advise on whether your employer is vicariously liable for what happened.
Discrimination
It is unlawful to treat you adversely at work because of your age, race, sex, pregnancy, disability, sexual orientation, marital status, religious or political conviction, or other protected attributes.
Western Australia’s Equal Opportunity Act 1984 and federal legislation — including the Fair Work Act 2009, Sex Discrimination Act 1984, Racial Discrimination Act 1975, Disability Discrimination Act 1992 and Age Discrimination Act 2004 — all apply. Complaints under WA law generally must be lodged within 12 months. We use the overlapping protections to maximise your options.
Employment Contracts & Entitlements
Are you being paid what you are owed?
Underpayment is more common than most employees realise — and it includes more than just base pay. If any of the following apply to you, we can investigate and pursue recovery.Unpaid overtime or penalty rates
Missing superannuation contributions
Withheld bonuses or commissions
Incorrectly classified as a casual or contractor (sham contracting)
Leave entitlements not paid out on termination
Contracts, Restraints & Post-Employment Obligations
We review employment contracts, advise on non-compete and non-solicitation clauses (many are unenforceable), and assist with disputes about contract terms.
If you have been asked to sign a deed of release, we advise on whether the offer reflects what you are genuinely owed — before you sign away your rights.
Redundancy — Was It Genuine?
Not all redundancies are what they appear to be.
A redundancy is only genuine if the role is no longer required to be performed by anyone, and your employer took reasonable steps to redeploy you. If your position was filled shortly after you left, or you were selected over others for reasons that don’t make sense, it may not be a genuine redundancy — it may be disguised dismissal.
We assess whether your redundancy was lawful, whether proper consultation occurred, and whether you received your full entitlements including redundancy pay, notice, and accrued leave.
How We Work
Free consultation. No obligation.
You don’t need to know the law to call us. You just need to tell us what happened. We listen, we assess your situation, and we give you straight advice on whether you have a claim and what it is realistically worth. We don’t talk you into litigation — we tell you honestly whether it makes sense to pursue, having regard to all factors that are important to you, financial as well as non-financial.
Fixed Fees
We are transparent with our legal fees from the beginning. Billing is done on an hourly rate basis, however, for most matters we are able to provide fixed fee structures
You Deal With a Lawyer, Not a Call Centre
When you contact us, you speak directly with an experienced solicitor. We know your case and we return your calls.
We Move Fast
Employment law deadlines are not forgiving. Missing a 21-day or 28-day window can extinguish your claim entirely, regardless of how strong it is. We act urgently.
Free First Consultation
We respond promptly, listen without judgement, and tell you honestly where you stand at no cost and with no obligation to proceed.
Employers — We Can Help You Too
We also advise and represent employers on workplace grievances, disciplinary processes, redundancies, contract drafting and enterprise agreement matters. Managing these issues correctly from the start is far less costly than defending a claim. Contact us before you act, not after.
Get Your Free Consultation Today
Call us or send an enquiry. We respond promptly, we listen and we tell you where you stand at no cost and with no obligation to proceed.
08 6558 1832 | legal@mpklawyers.com.au