Unfair Dismissal

Unfair dismissal issues arise where an employee challenges the fairness of a termination, placing scrutiny on both the decision and the process followed. Clear legal advice helps employers assess risk early and respond in a strategic and proportionate way.

We help:

  • Understand whether a dismissal may be considered unfair under Australian law
  • Clarify procedural and substantive issues that can affect dismissal outcomes
  • Respond to unfair dismissal claims with confidence and minimal disruption
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4.9
74 Google Reviews
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)

First class advice, service, and communication. I have had the pleasure of working with Velocity Legal for many years across a range of challenging matters and they never fail to impress.

Grant F

Their meticulous attention to detail, unwavering professionalism and strategic approach have delivered an outstanding result. Their level of service is nothing short of impressive.

Jack C

From the initial consultation to the final resolution, they provided exceptional
service and achieved an outstanding result for our case.

Wan Li

We are an accounting firm that works closely with Velocity Legal on all our client's legal matters… Every client who works with their team is delighted and impressed by the clear advice, efficient communication, and seamless process.

Selina L

I highly recommend the team at Velocity Legal. They are extremely knowledgeable, professional, have an eye for detail and their work ethic is second to none.

Mark P

They provided so much support and guidance through the process and I felt like they genuinely cared about getting the right outcome for me. They obviously know their stuff but were able to explain things in a simple and clear way.

Natalie F

Approachable, honest, professional and transparent. An absolute pleasure to work with.

Bob W

4.9
74 Google Reviews
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We Understand What You Are Going Through

Managing the end of an employment relationship can be challenging, particularly where a termination decision is questioned. You may be balancing operational needs, performance concerns, or workplace conduct issues, while also trying to manage risk and maintain workplace stability.

Receiving an unfair dismissal claim can feel uncertain, especially where timeframes are short and the process is unfamiliar. It is not always clear what steps should be taken, what information is relevant, or how best to respond.

We understand the pressures employers face when dealing with unfair dismissal matters. We help you work through the issues in a calm and practical way, so responses are clear, informed, and proportionate.

Our Services Include

  • Advising employers on unfair dismissal risk before termination decisions are made
  • Preparing and lodging responses to unfair dismissal applications
  • Assessing procedural fairness and the reason for dismissal
  • Representing employers in conciliation and Fair Work Commission proceedings
  • Advising and representing employers where unfair dismissal matters escalate beyond the Fair Work Commission
  • Supporting negotiated outcomes and settlement documentation where appropriate
Our Difference
Accountability & Expertise

Every matter we handle comes with full accountability. You’ll deal directly with an expert – every time, no exceptions.

In Your Shoes

Understanding your unique circumstances and goals - so our advice is practical, personal, and never given in a vacuum.

Transparency & Communication

We speak your language. That means plain, clear advice - what’s happening, why it matters, and what comes next.

50+
Australian Based Team
4,000+
Matters Expertly Handled
10+
Awards & Industry Recognition

Our Process

  1. Book Meeting
    Fill in contact form below or call our office to book an initial consult. You can choose between in-person or video conference.
  2. Get Advice

    You’ll discuss your situation in depth with a senior lawyer. This includes exploring your requirements, goals, and desired outcomes. You’ll walk away from this meeting with a clear understanding of the next steps.
  3. Achieve Outcomes

    Our legal team will work tirelessly to achieve your desired objectives. We work hard, communicate regularly, and pride ourselves on delivering results.
Contact
Take the First Step Today

You don’t have to figure this out alone. Book an initial consult with our expert legal team and get clear answers about your situation.

  • Transparent quotes (no ‘bill shock’)
  • Rapid response
  • Award winning team
Andrew Henshaw
Managing Director
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)
Our Directors

Managing Director

Andrew Henshaw

Director

Greg Thomas

Director

Jess Hill

Director

Rajan Verma

Director

Seamus Ryan

Frequently Asked Questions
What is an unfair dismissal?
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An unfair dismissal occurs where the Fair Work Commission finds that a dismissal was harsh, unjust, or unreasonable. This assessment considers the reason for dismissal, the process followed, and the surrounding circumstances.
Who can bring an unfair dismissal claim?
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Not all employees are eligible to bring an unfair dismissal claim. Eligibility depends on factors such as minimum employment period, earnings thresholds, and whether the employee is covered by an award or enterprise agreement.
What time limits apply to unfair dismissal claims?
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An unfair dismissal application must generally be lodged within 21 days of the dismissal taking effect. Strict timeframes apply, which is why early advice is important.
What remedies can the Fair Work Commission order?
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If a dismissal is found to be unfair, the Fair Work Commission may order remedies such as reinstatement or compensation. In practice, many matters are resolved before remedies are determined.
Do unfair dismissal claims always proceed to a hearing?
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No. Many unfair dismissal matters resolve at the conciliation stage through negotiation. Proceeding to a hearing is usually only necessary where a resolution cannot be reached.

Take the First
Step Today

You don’t have to figure this out alone. Book an initial consult with our expert legal team and get clear answers about your situation.

  • Transparent quotes (no ‘bill shock’)
  • Rapid response
  • Award winning team
Book Consult
4.9
74 Google Reviews
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)