Employment and Equality Law

The Westjustice Employment and Equality Law Program provides free and confidential legal help to clients with a problem at work for those in Melbourne's Western suburbs (see eligibility criteria below).

What can I get help with?

We can provide you information about legal advice about:

• Unfair and disrespectful treatment at work: including bullying, sexual harassment, victimisation and discrimination
• Termination of employment: Dismissal, redundancy or being fired from work (note you may only have 21 days to make a claim so get in touch with us quickly if you think this)
• Pay and entitlements: Underpayment, wage theft, unlawful deductions and unpaid trial shifts
• Exercising workplace rights for people experiencing family violence, those with a disability or injury, or those with caring responsibilities
• Independent Contracting: Sham contracting and non-payment of invoices
• Employee-like regulated work: gig-economy disputes with a platform provider, including deactivation or non-payment of invoices

We can also help you understand:

• Your employment contact, what kind of employee you are (e.g. casual or permanent), which award might apply to your job, and how to know what you should be paid
• Your rights at work, including your right to a safe workplace, flexible work arrangements, and reasonable adjustments if you have an injury or disability 
• Your pay and entitlements such as being paid the right rate and taking leave
• Your right to make a complaint about unlawful workplace conduct, and the protections against adverse action and victimisation.

We cannot assist with immigration, tax, personal injury or workers compensation advice. 

Who can we help?

Currently our services are available to:

• 1. all international students in Victoria through the International Students Employment and Accommodation Service at Study Melbourne Student Centre;
• 2. young people (25 and under) who live, work or study in the Western suburbs of Melbourne;
• 3. people experiencing discrimination or sexual harassment, and who live, work or study in the Western suburbs of Melbourne;
• 4. people experiencing family violence and receiving help from McAuley Community Services for Women or The Orange Door Western Metropolitan Region (Werribee); and
• 5. newly arrived migrants working with MiCare or Wyndham Community and Education Centre (WCEC) (or former clients of MiCare or WCEC).

As of 1 August 2024, we are offering Working Women's Centre Victoria (WWC Vic) Employment law services to women and non-binary people in the Western regions of Victoria. Call 1800 WWC VIC (1800 992 842) for more information or to book an appointment. The phone line is open Monday through to Friday between 9am-3pm. More information here.

Our services are delivered on the telephone and in person at our offices in Sunshine and Werribee, and at partner sites such as WCEC, McAuley and The Orange Door (Werribee).

How do we help?

If you are eligible for our services, there are two steps after you have been booked for an appointment.

• 1.  Our legal administrator will call you to collect your personal and demographic information required for our service. They will ask you about your workplace problem and might ask you to send us some documents. This will help us prepare for your appointment.
• 2. You will meet with your employment lawyer, either in person or on the phone. They will provide you with legal advice about your situation and if possible, the merits of your claim. 

Your lawyer will then decide what other steps are required, if any, and will discuss with the employment law team about whether we are able to continue to assist.

We may be able to help you by providing further advice, writing you a letter or email, helping you with speaking notes, taking you on as a client, representing you at court or offering a referral to a lawyer or other organisation best placed to help with your problem. We cannot guarantee ongoing assistance.

Please note we only provide legal advice and assistance to workers (including independent contractors) – not employers, business owners or principal contractors.

Legal education and information

The Employment and Equality Law Program also delivers community legal education and has educational resources available online.

We have developed plain English explanations of key legal issues, such as underpayments, sexual harassment, discrimination, sham contracting and termination. You can access these here.

We have an Instagram focusing on all issues relating to youth law, including employment law. Find us @westjusticeCLC.

We can deliver training on all areas of work rights for young people and newly arrived migrants, and we can train professional staff on work rights issue spotting. We can also provide community legal education on sexual harassment and discrimination to all audiences. Please contact us on elp@westjustice.org.au if you would like to request a training session.

You can also view our 2023 Victorian Law Week Presentation on “Your Rights At Work” on YouTube.

 For more information see:

• Community development and law reform project: Youth Employment Project
• Legal education resources: Migrant and Refugee Employment Law Project

Community developement and advocacy

A core feature of our work is engaging with our community and advocating to improve workplace laws, systems and processes. For more information see:

• Community legal education: Youth Employment Law Project
• Community development and law reform project: Employment Equality Law Service
• Law reform submissions: Employment Law

You can learn more about our past projects and programs here:

• Community development and law reform project: Migrant and Refugee Employment Law Project
• Community Legal Education: Migrant and Refugee Employment Law Project

 Watch this space for information about the Working Women's Centre Victoria's education, community development and advocacy work.