Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Other support for employment

Learn where to get legal help and other support for employment.

How we can help

We don’t give legal advice about general employment matters or superannuation complaints, but we may be able to refer you to another organisation that can help.

We may be able to help you if you have experienced discrimination, sexual harassment, victimisation, or racial or religious vilification at work.

We do not help people who have had a discrimination complaint made against them.

Contracts and conditions, minimum rates, termination, and workplace safety

Other organisations that can help

Legal services

Job Watch provides legal assistance to Victorian workers. Job Watch can give you free, confidential telephone information and referrals about work rights.

Your local community legal centre can give you legal information and advice. Most services are free.

Complaints

The Fair Work Ombudsman investigates complaints or suspected breaches of workplace laws, awards and registered agreements and some Fair Work Commission orders. Sometimes, the Fair Work Ombudsman may take legal action to enforce workplace laws.

To make a complaint call the Fair Work Ombudsman Helpline.

Workplace rights

Trade unions can help their members with many employment issues, including questions about pay, unfair dismissals and workers’ compensation disputes.

See the Australian Council of Trade Unions website.

WorkSafe Victoria

WorkSafe Victoria manages the workers compensation scheme and investigates breaches of occupational health and safety laws. There is information on their website about making a claim and returning to work after you are injured at work.

WorkCover Assist is a free service provided by WorkSafe Victoria to help injured workers who have a WorkCover dispute with their employer. The staff will explain the conciliation process and will attend a conciliation conference to assist the employee.

Superannuation

Contact the Australian Tax Office's Superannuation Hotline on 131 020 for enquiries and services on superannuation.

Support for independent contractors

The Australian Government’s Business website has information and resources about contractor rights and protections.

Our business and commercial issues topic also has useful information for independent contractors.

Resources about contracts and conditions, minimum rates, termination, and workplace safety

These resources and publications have information to help you understand your employment rights as an employee or contractor in Victoria.

See a list of all our free publications and resources, including:

Resources from other organisations

Fair Work Ombudsman

The Fair Work Ombudsman can help with information about pay, employee entitlements, leave, ending employment and awards and agreements.

The Fair Work Ombudsman website has a range of resources to help employees and contractors. It also has fact sheets about minimum workplace entitlements in Australia.

JobWatch

JobWatch can give you free and confidential phone information and referrals about your rights at work. You can contact them on (03) 9662 1933 if you are calling from a metropolitan area, or 1800 331 617 if you are calling from a regional area.

JobWatch has a range of information sheets about employment rights.

The Law Handbook

Fitzroy Legal Service’s Law Handbook has information about:

WorkSafe

WorkSafe has publications and forms to help injured workers and to avoid workplace injury.

The WorkSafe website has information about:

  • WorkSafe claims including returning to work for injured workers and information for employers about the claims process
  • the compulsory WorkSafe insurance for employers, which covers costs if your workers are injured or become ill at work
  • the laws and regulations that set out the responsibilities of employers and workers to maintain safety in the workplace.

Victorian Equal Opportunity and Human Rights Commission

Employee rights in the workplace and what to do if you think that you have been treated unfairly.

Australian Financial Complaints Authority

The Australian Financial Complaints Authority website has information about superannuation complaints.

Working with Children Check

Our duty lawyers are available at some Victorian Civil and Administrative Appeals Tribunal venues. Duty lawyers can help with a directions hearing, and give you advice on how to present your case. If you would like help from a duty lawyer, please call our Legal Help phone line before your hearing date on 1300 792 387.

Other organisations that can help

Community legal centres

Your local community legal centre(opens in a new window) can give you legal information and advice. Most services are free.

Related websites

Speaking to your employer about discrimination and workplace bullying

People who have been treated unfairly are often unsure about whether the behaviour they have experienced is actually against the law. If you think you have been treated unfairly at work or in other areas of public life, our Equality Law Program can help you understand your legal options.

How we can help

Our lawyers may also be able to help you if you have experienced discrimination, sexual harassment, victimisation, or racial or religious vilification in areas such as:

  • education
  • employment (including partnerships and contractors)
  • buying or selling goods or services
  • accommodation
  • clubs and sporting activities
  • working as a volunteer
  • treatment by local councils, governments and organisations providing public services
  • entry to shops, restaurants and nightclubs.
In some cases we may be able to negotiate, make a complaint, or take legal action in a court or tribunal.
We do not provide general employment advice and we do not help people to defend complaints of discrimination that have been made against them. We also do not help people with complaints about bullying, unless it is linked to discrimination.

Other organisations that can help

Legal services

The Disability Discrimination Legal Service gives free legal advice and assistance to anyone who wants to make a complaint about being discriminated against on the grounds of their disability.

The AED Legal Centre gives free legal advice and assistance to people with a disability in the areas of employment, education and training.

Villamanta Disability Rights Legal Service is a Victorian community legal centre located in Geelong that helps with disability related legal issues. They mostly help people who have an intellectual disability.

JobWatch is an employment rights legal centre which provides legal assistance to Victorian workers. They can give you free, confidential telephone information and referrals about work rights.

Fair Work Commission

If you reasonably believe that you have been bullied at work and the bullying is continuing you may apply to the Fair Work Commission for an order to stop the bullying. The commission must start dealing with your application within 14 days. They will investigate the complaint and may make orders they think are necessary to prevent the bullying from happening again.

Find out more about what you can do about bullying and discrimination at work.

Office of the Children’s eSafety Commissioner

If you are under 18 and have experienced cyberbullying, you can make a complaint to the Office of the Children’s eSafety Commissioner. They will assess your complaint and decide whether to investigate or take some other action.

They also have a list of social media services' safety centres where you can report abuse or content that you find offensive.

Victorian Equal Opportunity and Human Rights Commission

The Victorian Equal Opportunity and Human Rights Commission enquiry line can provide information to people about discrimination before they choose to make a complaint.

Call the enquiry line on 1300 292 153 or visit the Victorian Equal Opportunity and Human Rights Commission.

Making a complaint about discrimination

Discrimination law is complex. It can be confusing knowing where to go to make a complaint. There are often several options available, such as complaining to the Victorian Equal Opportunity and Human Rights Commission or the Australian Human Rights Commission or the Fair Work Commission (the workplace relations tribunal).

If you complain to one place, sometimes you cannot later change your mind and complain elsewhere. It is best to call us or speak to one of the services listed on this page to get legal advice before lodging a complaint.

However, if you want to speak directly to a human rights commission or industrial tribunal about making a complaint you can contact:

Resources about discrimination and workplace bullying

These resources will help you understand more about:

  • discrimination and victimisation
  • sexual harassment
  • bullying

Victorian Equal Opportunity and Human Rights Commission

The Victorian Equal Opportunity and Human Rights Commission website has information about:

Fair Work Ombudsman

The Fair Work Ombudsman website has information about:

Fair Work Commission

The Fair Work Commission website has information about:

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