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Example Partner Lawyers
Ref LU-2026-0417
9 November 2026

Your case check

Sam, you've got a case worth pursuing.

Prepared for Sam Taylor about leaving Northbank Freight Pty Ltd

The short answer

We think Northbank let you go because you asked about your overtime pay. That's against the law. You were sacked two weeks after you raised it. Then the "redundant" job was advertised a week later. That's a strong start.

You have until Wednesday 18 November 2026 to lodge a claim. That's 9 days. Please don't sit on this.

Your chances
Good
6 to 7 in 10
Realistic outcome
$15k to $35k
most likely a settlement
Cost to you upfront
$0
no win no fee
How long
6 to 10 weeks
if it settles early

What happened, as we understand it

Tell us if any of this is wrong. Small details can matter.

  1. Feb 2022
    You started at Northbank's Laverton North warehouse. You became a shift supervisor in 2024.
  2. From July 2026
    Your weekend overtime started being paid at your normal hourly rate.
  3. 14 Oct 2026
    You emailed payroll and your manager, Dean Price, asking why.
  4. 16 Oct 2026
    At a team meeting Dean said people who complain about pay "can find another job". You think Priya heard it too.
  5. 28 Oct 2026
    You were told your job was redundant because of a "restructure" and finished that day. Nobody talked to you about it beforehand.
  6. 5 Nov 2026
    Northbank advertised a Warehouse Shift Supervisor job on Seek. It looks like yours.

Why we think you have a case

The law says an employer can't sack you because you asked about your pay. Asking about overtime you're owed under your award counts as a protected complaint.

Here's the useful part. Once we show you made that complaint and were then sacked, it's up to Northbank to prove the complaint had nothing to do with it. With two weeks between the email and the sacking, a manager's comment about complainers and the job back on Seek, that will be hard for them.

Separately, if Northbank underpaid your weekend overtime, you can claim that money back too. It's a different claim and it doesn't affect this one.

Your options

For the sacking itself you have to pick one of two claims. You can't run both.

What we recommend

General protections claim

For being sacked because you complained. Northbank has to explain itself. No cap on what you can get, including something for the stress. If it doesn't settle early it goes to court, which takes longer.

The other route

Unfair dismissal claim

For a sacking that was harsh or unfair. Simpler and stays in the Fair Work Commission. But the most you could get is 26 weeks' pay, about $39,000. You'd also have to prove more yourself.

What it could be worth

Most claims like yours settle at the first Fair Work Commission meeting. We'd expect somewhere between $15,000 and $35,000. That's mainly the wages you lose while you find a new job, plus something for the hurt of how it happened.

The overtime claim is extra. We'll work out the exact figure from your payslips. Our early estimate is $3,000 to $5,000.

What it costs and who pays

We'll run this on a no win no fee basis. You pay nothing upfront. If you get money, our fees come out of it. If you don't, you owe us nothing for our time. We'll put every number in writing before you sign anything.

The risk of paying Northbank's legal costs is low. In these claims each side usually pays its own, unless a claim is hopeless or run unreasonably. Yours is neither.

What happens next

This weekYou sign the costs agreement. We lodge your claim with the Fair Work Commission, well before 18 November.
2 to 6 weeksA meeting run by the Commission, usually by phone or video. Most cases settle here. You don't have to accept any offer.
If no dealWe decide together whether to take it to court. We'll update the costs and the odds before you choose.
CourtMediation first, then a hearing if needed. Six to eighteen months. You can settle at any point.

What we need from you

  • Payslips from January 2026 to your last pay
  • Your employment contract, if you have one
  • Priya's full name and whether she'd be willing to talk to us
  • Any texts or messages with Dean after 14 October
  • A list of jobs you've applied for since 28 October. Keep adding to it.
Your solicitor
Solicitor, Example Partner Lawyers
Reviewed and approved 9 November 2026
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This advice is from Example Partner Lawyers, based on what you've told us and the documents you've given us. It may change if new facts come up. LawyerUp helped prepare it.