A successful outcome for you
is a successful outcome for us.

WorkHelp Lawyers are the only law firm in Australia who exclusively offer ‘no win no fee’ representation by experienced lawyers for unfair dismissal claims and workers’ compensation claims and that specialise exclusively in these areas. With WorkHelp Lawyers, you get highly experience and qualified lawyers that are truly dedicated to ensuring you achieve a successful settlement of your claim.

Our Promise to You – A Lawyer will represent you 

At WorkHelp Lawyers we promise that you will always be represented by an experienced employment lawyer at your conciliation.

Having a lawyer represent you is essential because it makes a big difference to your chances of negotiating a successful settlement.

When considering who to represent you, always ask “will my case be represented by a lawyer at the conciliation conference?”. Be aware that industrial advocates are not qualified lawyers and that even most other law firms may not always have a lawyer available to represent you at your conciliation.

WorkHelp Lawyers’ guarantee is that we will always represent you by an experienced lawyer.

We help our clients achieve two key outcomes.

Healthy financial compensation to make your life easier.

Clearing your name and your reputation to open new opportunities.

Why Choose Workhelp Lawyers?

We are highly effective at achieving successful outcomes and have a strong track record of success. We know how to maximise your benefits.

We are Australia’s only exclusively no win no fee practice where you deal directly with highly experienced employment lawyers and not just employment consultants or sales people.

We have a wide range of experience spanning years across various industries meaning that whoever you are or whatever your situation, we can help your get the best outcome possible.

We handle everything for you in a caring, empathetic and understanding way. By handling all the paperwork and the entire process, we take your stress away in a difficult time.

Book a 100% obligation free consultation today

How we can help you

Unfair Dismissal Claims

We represent employees in unfair dismissal claims before the Fair Work Commission. We can help negotiate a settlement for financial compensation or help to get the employee’s job back and clear their name.

Adverse Action Claims

We also represent employees in adverse action claims before the Fair Work Commission (also known as general protections claims) if they have been dismissed because of the exercise of a protected workplace right or due to discrimination. For example, an employee may be able to bring an adverse action claim to challenge their dismissal if they have been dismissed due to pregnancy, race, gender or religion, or due to the fact they raised a workplace complaint or enquiry.

Worker’s Compensation

For injured workers who have not achieved a satisfactory return-to-work outcome or who feel pressured to return to work sooner than they are capable of, WorkHelp Lawyers can provide obligation free advice over the phone to help you understand your legal position, options and possible outcomes in relation to workers’ compensation.

Employers Packages

We offer comprehensive fixed fee packages to employers to cover all their workplace legal needs from contracts and policies to expert representation for defending dismissal claims. Please contact us for pricing and options.

Get an obligation free consultation with our expert employment lawyers today.

About Workhelp Lawyers

Losing your job can be an extremely emotionally and financially stressful time even at the best of times. What can make it worse is feeling unjust in the outcome and that you have been unfairly treated while trying to do everything right. At WorkHelp Lawyers, we fight for not just whats fair and just, but what gets you the maximum compensation possible to give you peace of mind, time and space to bounce back to being your best self and open new opportunities for yourself. We understand that while financial compensation is important – your name, dignity and reputation are equally as important to your confidence and self worth which is why we also fight to have your name cleared and your reputation to remain immaculate.

Our dedicated team are fiercely driven to bring fairness back into your life and career and we don’t stop working until we get the ideal outcome for you. Our no win no fee policy guarantees that you do not have any out of pocket expenses until you get the financial and emotional outcome that you deserve. We pride ourselves on nothing less than living and working by our values, and getting the best possible results for our clients.

Please get in touch with one of our lawyers today for a completely obligation free consultation where we will take the time to listen to you and learn about your situation to see the best way we can help.

Our Core Values

  • Caring and empathetic legal help.
  • Respect and understanding for your situation.
  • Absolute expertise in our field.
  • Financial success is as important as emotional success.

Our Principle Lawyer

Andrea McNamara

Andrea McNamara commenced practising as a lawyer in 2011 and has a double degree in Law and Arts (majoring in Political Science) from the University of Western Australia.  As our Principle Lawyer, She is a highly experienced  employment lawyer and has worked for a variety of organisations including a major trade union, the Western Australian government, private law firms and a leading workplace relations specialist.

Frequently Asked Questions

What Is Unfair Dismissal?

If you have been terminated from your employment (or forced to resign) you may be able to make a claim through the Fair Work Commission for financial compensation (capped at 26 week’s pay), to get your job back and to clear your name of any wrongdoing.

A person has been unfairly dismissed when the Fair Work Commission is satisfied that:

  • the person has been dismissed
  • the dismissal was harsh, unjust or unreasonable
  • the dismissal was not a case of genuine redundancy
  • where the employer is a small business, the dismissal was not consistent with the Small Business Fair Dismissal Code

Can I claim for Unfair Dismissal?

You can make a claim for unfair dismissal if:

  • you have completed the minimum employment period (6 months/12 month if it is a small business with less than 15 staff)
  • you are permanent employee or a casual employed on a regular and systematic basis
  • are covered by a Modern Award (or award-based transitional instrument) or if an enterprise agreement (or agreement-based transitional instrument) applies to the person
  • you earn less than the Unfair Dismissal High Income Threshold of $148,700.00, or if you earn above the High Income Threshold you are covered by a Modern Award or enterprise agreement

What if I am not eligible for unfair dismissal?

There may be the alternative option of making an adverse action claim (also known as a general protections claim) if your employer has discriminated against you or taken adverse action against you for an unlawful reason.

Even if you can bring an unfair dismissal claim, this may not be the best option for you and it may potentially be a better option for you to make an adverse action claim based on the individual circumstances of your case. Unlike unfair dismissal where the compensation cap is 26 week’s pay, there is no statutory compensation cap applicable to certain adverse action claims. We can advise you on the best option for your claim.

What Constitutes Harsh, Unjust Or Unreasonable?

Employers need to ensure procedural fairness is followed when dismissing an employee. The Fair Work Commission will consider whether a dismissal was ‘harsh, unjust or unreasonable’ with regard to the following factors:

  • whether there was a valid reason for the dismissal related to the person’s capacity or conduct (including its effect on the safety and welfare of other employees)
  • whether the person was notified of that reason
  • whether the person was given any opportunity to respond to that reason
  • any unreasonable refusal by the employer to allow the presence of a support person for any discussion relating to the dismissal
  • if the dismissal was related to unsatisfactory performance, whether the employee had been warned about the unsatisfactory performance before the dismissal
  • the degree to which the size of the employer’s enterprise would be likely to impact on the procedures followed in making the dismissal
  • the degree to which the absence of dedicated human resource management specialists or expertise in the employer’s enterprise would be likely to impact on the procedures followed in the dismissal
  • any other matters the Fair Work Commission considers relevant

Situations where a claim for unfair dismissal might arise:

  • you have been dismissed because of your performance but have not been given any warnings or chances to improve
  • you have been dismissed due to allegations with are actually untrue
  • you were forced to resign due to the actions of your employer or told you had to resign or you would be terminated
  • you have been told your position is redundant but in fact your job has been replaced by another person
  • you were dismissed while recovering from an illness or injury
  • you were not given a chance to respond to allegations
  • you were not provided with a reason why you were dismissed

For help with your claim, give us a call for a free initial advice from a lawyer. For Fair Work Commission applications they must be made with 21 days of your termination taking effect so you must act quickly.

What is Adverse action?

If you have had your employment terminated due to an exercise of a workplace right or due to discrimination you may be eligible to make an adverse action claim.

These protected rights/attributes include:

  • membership of an industrial association or industrial activity
  • making complaints regarding your workplace, workplace safety or other entitlements
  1. race
  2. gender
  3. sexual orientation
  4. age
  5. physical or mental disability
  6. marital status
  7. temporary absence of illness
  8. family/carer’s responsibility
  9. pregnancy
  10. religion
  11. political beliefs
  12. social original
  13. national extraction

Can I make a claim for adverse action to challenge my termination of employment?

Employees, contractors and casuals can make a claim for adverse action involving dismissal. There is no minimum period of service or income cap.

For help with your claim, give us a call for a free initial advice from a lawyer. For Fair Work Commission applications they must be made with 21 days of your termination taking effect so you must act quickly.

Workhelp Lawyers have a perfect 5/5 rating from satisfied clients on Google.

Contact us to book a free consultation with a highly experienced lawyer