Responding to an Unfair Dismissal Claim
Receiving an unfair dismissal application can place immediate pressure on an employer. The business should identify the allegations, preserve relevant records and understand the response process before taking a substantive position.
Saines Legal helps employers assess the claim, identify relevant jurisdictional or factual issues, prepare the employer response and determine an appropriate strategy for conciliation, settlement or further proceedings.
How We Help Sunshine Coast Employers
We assist with initial claim assessment, Fair Work Commission responses, jurisdictional issues, evidence and documentation, conciliation and settlement discussions, representation and advice before termination occurs.
Was the Dismissal Unfair?
Whether a dismissal may be considered unfair can involve both the reason for dismissal and the process followed. Relevant matters can include whether there was a valid reason, whether the employee understood the concerns, whether they had an appropriate opportunity to respond and how the employer reached its final decision.
Good records can become particularly important where the employee disputes the history leading to dismissal.
Advice Before Terminating an Employee
The best time to assess unfair dismissal risk is often before employment is terminated. We can review performance records, warnings, investigation material, correspondence and the proposed termination process before the final decision is made.
Particular care may be required where an employee has recently made a complaint, exercised a workplace right, taken leave or raised a safety concern.
Unfair Dismissal and General Protections Claims
Unfair dismissal and general protections claims are different. A termination that appears defensible from an unfair dismissal perspective may still raise separate issues if the employee alleges the decision was connected with a workplace right or another prohibited reason.
Employers should consider the potential claims that may arise from the circumstances as a whole.
Supporting Employers Across the Sunshine Coast
Saines Legal assists employers across Maroochydore, Mooloolaba, Buderim, Birtinya, Kawana, Caloundra, Noosa, Nambour and surrounding Sunshine Coast areas.
Employment Law For
Sunshine Coast Employers
Have questions about your workplace obligations or an employment matter? Find answers to some of the questions we commonly receive from employers.
When should an employer seek legal advice?
Early advice is often most valuable before a significant workplace decision or process is finalised.
Can Saines Legal assist before action is taken?
Yes. We can review the circumstances, documentation and proposed process and help identify potential employment law risks.
Do you assist businesses throughout the Sunshine Coast?
Yes. We assist employers across Maroochydore, Mooloolaba, Buderim, Birtinya, Kawana, Caloundra, Noosa, Nambour and surrounding areas.
Speak With a Sunshine Coast Employment Lawyer
Contact Saines Legal to discuss your workplace matter with a Sunshine Coast employment lawyer.