Employees

Unfair Dismissal

Our guide to unfair dismissal under the Fair Work Act: who can claim, the 21-day deadline, what the Fair Work Commission looks at, how the process runs and what you can get. We also explain general protections, the other main dismissal claim.

General Protections

Many people have heard of unfair dismissal but not general protections. A general protections claim asks why your employer acted. There is no minimum employment period, no income threshold and no cap on compensation, and it covers harmful action short of dismissal too.

What To Do If You Have Been Dismissed

Losing your job is never easy, but it doesn't have to be the end of the world. This step-by-step checklist sets out what to do after a dismissal, starting with the deadline that matters most.

Manager & Executive Dismissals

If you are a manager or an executive, MKI Legal has experience helping people in your situation with the extra complexities of senior dismissals: the income threshold, contract claims, bonuses and equity, restraints and your reputation.

I Might Be Dismissed

If you think you might be dismissed, because of allegations, a show cause letter, a suspension or a performance plan, we can help you understand your rights, respond properly and, where it makes sense, negotiate an acceptable exit.

Allegations Against Me

We have lots of experience helping employees respond to false, exaggerated or out-of-context allegations. We can help you respond in a way that gives you the best chance of clearing your name, and where it makes sense, negotiate a mutually acceptable exit.

Performance Management

We’ve advised many employees who are being performance managed, have had allegations of poor performance made against them, or have been placed on a formal performance improvement plan (a PIP). Here is what a fair process looks like and how to protect yourself.

Contractor Issues

We act for workers who were labelled contractors when they should have been employees. We can help you recover entitlements and superannuation, and seek penalties against the business. The law changed on 26 August 2024: the real substance of the relationship now decides whether you are an employee.

Show Cause Letters

Received a show cause letter? It usually means your employer is considering dismissing you or taking disciplinary action. Here is what it means, what a fair process looks like, and how to respond.

Suspension and Stand Down

Been suspended while your employer investigates, or stood down without pay? We explain the difference, when pay can be stopped, what to ask for, and how to protect your position.

Resigning or Forced Resignation

Thinking of resigning because work has become unbearable, or were you pushed? We explain when a resignation counts as a dismissal, the risks of resigning, and what to do first.

The Right to Disconnect

Since August 2024, most employees can refuse to monitor, read or respond to work contact outside their working hours unless the refusal is unreasonable. Here is how the right works and what to do if your employer pushes back.

Bullying

Bullying at work is repeated unreasonable behaviour towards you that creates a risk to your health or safety. The Fair Work Commission, and for WA state-system workers the WAIRC, can order it to stop. Here is how the law works and what else you can do.

Sexual Harassment Lawyers

Sexual harassment is unwelcome conduct of a sexual nature that a reasonable person would have anticipated might offend, humiliate or intimidate you. In Western Australia you can take it to the Fair Work Commission, the Australian Human Rights Commission, the WA Equal Opportunity Commission or, for state-system workers, the WAIRC. Compensation is available, and the employer is usually liable too.

Employment Contract Review

Before you sign, we can review your employment contract so you know exactly what you are agreeing to: pay and award coverage, hours, probation, notice, bonuses, confidentiality, intellectual property and restraints, and any term the law no longer allows.

Executive & Managers Contract Review

If you are an executive or a senior manager, we can review and negotiate your employment contract: restraints that could keep you out of your industry, bonus and incentive terms, notice and termination benefits (including the Corporations Act limits in Part 2D.2), confidentiality, and whether you will still have unfair dismissal rights.

I've Been Underpaid

If you have been underpaid, you can usually recover up to six years of unpaid wages and entitlements. We explain how underpayments are worked out, where to claim, and what employers and the people behind them risk if they do not pay.