Defending Unfair Dismissal

Unfair dismissal is one of the most common claims made against Australian employers and have a significant impact on business.

It’s important to act quickly and professionally when dealing with one of these claims, as costs for defending an unfair dismissal claim can escalate quickly. Legal fees, business disruption, reputation and compensation will add up so it’s important you have the best advice and work with lawyers experienced in the field to minimise disruption and avoid significant costs.

Important aspects of defending unfair dismissal

We work together with you to understand the nature of the claim and asses its merit. We will assist you in:
• Understanding what unfair dismissal is and the claim made against your business
• Managing procedural and legal requirements of applications
• Assessing and responding to arguments pertaining to the merits of the case
• Leading essential conciliation conferences and preparing evidence for hearings

Why you need to act quickly

If your business has received a claim of unfair dismissal, you need to respond within 7 days. It’s important your response contain specific legal requirements and includes all your supporting evidence. Your response should include;
• the dates the employee started work, was dismissed and finished work
• reasons for dismissing the employee
• your response to the employee’s arguments about why they think the dismissal was unfair
• any jurisdictional objections you wish to raise, and
• your signature.

You are also required to send the response to two separate places;
The Fair Work Commission and
Directly to the contact details of your former employee, as provided in the original claim

What should you do next?

This is a serious claim made against your business and requires quick and professional action. You should deal with a trusted team of lawyers who have represented businesses like yours and who have a reputation for winning a successful outcome for their clients.

Gorval Lynch have over fourteen years combined experience in Employment Law and specialise in representing businesses in unfair dismissal cases. Give us a call for a confidential consultation and find out what are your best next steps.