4.8 Employment Law

Legal aid is available for unfair dismissal proceedings in the Fair Work Commission, the Industrial Relations Commission of New South Wales and on appeal.

To be eligible for legal aid  the applicant must satisfy:

• the Means Test,
• the Merit Test, and
• the Social Disadvantage Test (Civil guideline 4.5.1).

Note: where an applicant is eligible for Early Resolution Assistance for an unfair dismissal, and is seeking legal aid for a jurisdictional objection hearing at the Fair Work Commission, legal aid is available subject to the Means Test and Merit Test.

Legal aid is available for proceedings relating to underpayment of wages and employment entitlements in the Chief Industrial Magistrates Court, the Federal Circuit Court, the Federal Court and on appeal.

To be eligible for legal aid  the applicant must satisfy:

• the Means Test,
• the Merit Test,
• the Social Disadvantage Test (Civil guideline 4.5.1), and
• the amount in dispute is in excess of $20,000 in wages and entitlements.

Legal aid is available for claims under the General Protection provisions of the Fair Work Act 2009 (Cth) in the Fair Work Commission, the Federal Circuit Court, the Federal Court and on appeal. Such claims may include:

• 'adverse action'  where the worker  exercises  a 'workplace right', such as making  a complaint to their employer in relation to their employment
• dismissal because of absence due to illness or injury, such as the taking of sick leave
• engaging a worker as a contractor where the worker is really an employee.

To be eligible for legal aid  the applicant must satisfy:

• the Means Test
• the Merit Test, and
• the Social Disadvantage Test.

Note: Applications for legal aid for employment discrimination claims are considered under Discrimination Policy

Legal aid is available for proceedings related to the review of unfair contracts in the Local Court, Chief Industrial Magistrates Court, Federal Circuit Court or the Federal Court and on appeal.

To be eligible for legal aid  the applicant must satisfy:

• the Means Test,
• the Merit Test,
• the Social Disadvantage Test (Civil guideline 4.5.1), and
• the amount in dispute is in excess of $20,000 in wages and entitlements.

Legal aid is available for employment matters where Legal Aid NSW is satisfied the employment matter raises a significant issue of public interest.

To be eligible for legal aid  the applicant must satisfy:

• the Means Test,
• the Merit Test,
• the Social Disadvantage Test (Civil guideline 4.5.1), and
• the matter raises serious and systemic issues around the employment practices of the employer or employers which impacts on a great number of workers employed by that employer or employers.

See Civil guideline 3.5: Employment Law matters.