Terminations, Unfair Dismissals and Adverse Action

What you need to know: Employers
What you need to know: Employees
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What you need to know about unfair dismissal and terminations to protect your interests.

Termination of employment is often stressful.

As an employer, you need to be sure that your actions comply with your legal obligations to avoid unfair dismissal, general protections, wrongful dismissal, bullying, discrimination or other employment law claims, that may result in orders for compensation or penalties.

Failure to comply with the law may expose your business. Claims and legal proceedings can also be costly to deal with

As an employee, you need to know your obligations, rights and entitlements.

Our employment and workplace relations lawyers are experts in relation to all employment law claims.

Employees – Have you been unfairly or unlawfully dismissed?

Being unfairly or unlawfully dismissed by your employer can be stressful and upsetting. The short time frames within which unlawfully dismissed employees must lodge a claim mean that you must act quickly to make your case.

MDC Legal understands the urgency associated with a dismissal. We provide a supportive, timely and cost effective service.

We are experienced in advising a wide range of employees in many different industries. We also provide legal support for professionals, executives and senior employees in the public and private sectors.

We provide legal services and advice for:

  • State and Federal workplace laws and the common law relating to terminations
  • Unfair dismissals and unlawful dismissals (including breaches of general protections and adverse action claims). We offer Fixed Fee packages of advice and representation to make a claim in the relevant commission or tribunal.
  • Discrimination and redundancy claims
  • Negotiating exit packages
  • Employment contracts, restraints of trade or post-employment restraints
  • Advising on and representing employees in unlawful dismissal claims in all jurisdictions
  • Advocacy at conciliation conferences, mediations, and hearings in the State and Federal commissions, tribunals and courts

If you think that you have been unfairly or unlawfully dismissed, or been discriminated against, or you have received a letter alleging a restraint of trade breach, contact us today for a no-obligation preliminary discussion with a member of our team.

Employers – Do You Need to Terminate an Employee?

Dismissing an employee can be a risky and time consuming process. If the dismissal is mismanaged, it can expose your business to legal claims and considerable expense. It’s a good idea to have legal support to help you protect your business.

Risks can arise because:

  • An employee is disgruntled by the process, resulting in them challenging their dismissal, even though it may have been fair and lawful
  • A manager hasn’t got the dismissal process quite right; putting an otherwise valid dismissal at risk of being procedurally unfair
  • The dismissal is unfair or unlawful.

Our experienced employment lawyers know the laws governing dismissals and understand the need for your business to manage the termination process effectively. We provide up to date legal advice and help you implement processes to safeguard against unfair or unlawful dismissals. When employee claims are made we can help protect your business against costly and time-consuming disputes with dismissed employees.

We offer Fixed Fee packages of advice and representation to respond to claims of unfair dismissal, general protections, bullying and discrimination in the relevant commission or tribunal to help you manage you minimise your risk:

  • State and Federal workplace laws and the common law relating to terminations
  • Risk minimising dismissal strategies
  • Advising on and defending legal proceedings brought by dismissed employees
  • Employment contracts
  • Tailoring handbooks, checklists and interactive training for management on safe dismissals and avoiding claims
  • Negotiating exit packages
  • Advising on and defending unfair and unlawful dismissal claims in all jurisdictions
  • Advocacy at conciliation conferences, mediations, and trials in the state and federal commission, tribunals and courts

We tailor our service delivery to meet your needs. We can offer a fixed fee service, or time-based billing. Contact us on 9288 4000 for more information.

Employers – Are you defending a claim of Unfair Dismissal, Unlawful Termination, General Protections, Bullying or Discrimination?

We offer Fixed Fee packages of advice and representation to respond to claims of unfair dismissal, general protections, bullying and discrimination in the relevant commission or tribunal. We have a high degree of success settling matters before significant costs are incurred, and where matters cannot be settled, we’ve had outstanding success in getting judgment for our clients.

Our Specialist Employment Lawyers will provide:

  • the strongest possible legal and factual defences;
  • strategy to maximise your bargaining position and best ensure successful orders;
  • advice on potential remedies available to the employee and how to minimise those;
  • what costs may be available to you;
  • the procedure from preparing and lodging your defence, to appearing at conciliation, then either to settlement and deed of release, or to trial and judgment.

We make every effort to settle the matter as early as possible but are also well resourced to defend all the way to judgement.

We tailor our service delivery to meet your needs. We can offer a fixed fee service, or time-based billing. Contact us on 9288 4000 for more information.

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