Legal self-help

This fact sheet covers the key differences between employees and independent contractors. It also sets out the practical steps you can take if you believe you're in a sham contracting arrangement, including raising it with your employer, reporting to the ATO or Fair Work Ombudsman, or seeking legal advice.

This fac tsheet covers eligibility requirements (including the 12‑month/6‑month rule and the high income threshold), the strict 21‑day time limit, and what counts as a dismissal. It also outlines the step‑by‑step process from lodging a Form F2 application to conciliation and a formal hearing, plus possible remedies like compensation or reinstatement.

This fact sheet explains how to calculate underpayments, speak with your employer, send a formal demand letter, and escalate to regulators like the Fair Work Ombudsman or the ATO. It also covers options for making a court claim, including court divisions, claim limits, and filing fees.

It is unlawful for an employer to dismiss an employee because they have exercised a workplace right (such as taking leave or making a complaint) or because they possess a protected attribute (such as disability, age, or sexual orientation) however, dismissal for legitimate performance or conduct reasons remains lawful regardless of personal characteristics.

Employees with at least 12 months of service including casuals on a regular basis can request changes to hours, location, or work patterns for specific reasons. Employers must respond in writing within 21 days and may only refuse on reasonable business grounds, with disputes able to be taken to the Fair Work Commission.

n underpayment occurs when you receive less than your legal entitlements under awards, enterprise agreements, or contracts, including incorrect wages, unpaid overtime, or missing superannuation. To recover underpayments, you should calculate what you are owed, contact your employer, send a letter of demand, and if necessary lodge a complaint with the Fair Work Ombudsman or make a court claim within 6 years.

If you crash your car during work duties in NSW, your employer is usually liable, even if you're at fault. Report it to your employer immediately.

Discrimination occurs when you are treated unfairly because of a protected attribute like age, disability, sex, race, or carer's responsibilities, and it can be direct or indirect. If you experience discrimination, you can speak to your employer, get legal advice, or lodge a claim with the Fair Work Commission, Anti-Discrimination NSW, or the Australian Human Rights Commission within strict time limits.

An unfair dismissal claim can be made if you have been fired in a harsh, unjust or unreasonable way and have met the minimum employment period and income requirements. You must lodge a Form F2 with the Fair Work Commission within 21 calendar days, and possible outcomes include compensation of up to 26 weeks' pay or getting your job back.

Sham contracting is when an employer wrongly classifies a worker as an independent contractor instead of an employee to avoid paying entitlements like leave, wages, and superannuation.