• Overview and Examples
  • What You Need To Know
  • Client Reviews
  • Specialising Lawyers
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Overview

Unfair Dismissal

Termination of an employee requires careful consideration by the employer. It is an expectation by the courts and tribunals that employees are terminated fairly. A good reason for the termination of an employee is required in addition to providing the employee with procedural fairness during the termination process.

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What You Need To Know

Why Do You Need An Employment Lawyer For An Unfair Dismissal Claim?

Unfair dismissal matters can be complicated, and there are often many intense emotions involved. For these reasons, these types of employment law matters tend to take a long time to reach a ruling and can be quite costly.

If you are an employer and an unfair dismissal or unlawful termination claim has been brought against you, then Brydens Lawyers can help. We can advise employerson how to minimise risk to their business and represent their interests if an unfair dismissal claim arises.


What Will Your Employment Lawyer Organise For You?

Brydens Lawyers has helped employers and business owners protect their rights, interests and reputations over the course of our firm’s fifty-year history.

If you are dealing with unfair dismissal claims or wrongful termination claims, then we can help you. As part of our service offerings, Brydens Lawyers can:

  • Provide accurate and easy-to-understand advice in regard to employment law.

  • Consider risks and options in dealing with employment issues and circumstances.

  • Inform you of the general protections provisions you are entitled to.

  • Represent you in conciliation conferences and in the Fair Work Commission, Industrial Relations Commission, courts and tribunals.


When Should You Consult An Employment Lawyer?  

All claims of unfair dismissal or wrongful termination are taken seriously by the Fair Work Commission. Under the Fair Work Act 2009, both employees and employers are entitled to various protections and rights.

As an employer, you should contact Brydens Lawyers if:

  • An employee has made an unfair dismissal claim against you.

  • You require advice as to how to best performance manage an employee or terminate a worker, taking into consideration the minimum employment period for permanent employees.

If a claim has already been made against you, then it’s imperative that you act as soon as possible. The sooner you engage the services of an employment lawyer, the sooner they can assist you in achieving an optimal outcome.

Similarly, if you are considering terminating an employee due to poor performance, a breach of contract, misconduct, or any other reason, then you should seek legal advice at the earliest opportunity. By consulting an expert employment lawyer before making any final decisions, you can ensure that you are following the correct procedures that will not leave your business vulnerable to a claim of harsh, unjust or unreasonable termination.


Why Are Brydens Lawyers The Right Representation For You?

Employment law in Australia is not always straightforward. There are many laws and regulations that are dictated by the Fair Work Act 2009 and National Employment Standards, which can become heavy reading for those unused to interacting with the legal system.

Brydens Lawyers have many years of experience in providing representation to employers in proceedings before the Fair Work Commission, Industrial Relations Commission and courts and tribunals. We have assisted various clients with the following issues in claims of unfair dismissal or wrongful termination, and can help you:

  • If an employee has been engaged in misconduct.

  • If you require advice as to entitlements and interpretation of applicable awards.

  • If you require employment agreements prepared for your employees.


What Are The Costs Involved?

Every legal case is unique, and cases involving employment law and claims of unfair dismissal will differ depending on many factors.

If an employee is claiming that they have been unfairly dismissed by you, then book a consultation with Brydens Lawyers. Once you have provided us with the details of your case, we will be able to provide a comprehensive disclosure of professional fees and expenses.


Contact Brydens Lawyers Today

To book a consultation, contact Brydens Lawyers today. We can assist you by providing legal advice and guidance on your employment law matter, helping you achieve the best outcome for your case.

As a well-established firm in NSW, Brydens Lawyers has helped both employees and employers, providing legal counsel and acting on our clients’ behalf.

If you are an employee and your employer dismisses you in breach of their contract, then it is highly recommended that you seek legal advice. Whether you believe you have been unlawfully terminated or unfairly dismissed, or wish to make a general protections dismissal application, then make sure you contact Brydens Lawyers to obtain the right legal advice first.

Testimonials

Omar Khan of Brydens Lawyers resolved everything quickly and looked out for my interests every step of the way. I’m very satisfied with how things played out and will definitely be contacting them if I need help again.

Paul M, a client of our Commercial division

I cannot say enough of my lawyers Omar- he listened and gave simple answers so I could understand. Most importantly, he showed empathy when I was distressed.

Lisa O, a client of our Commercial division

Our Experience

Successful Employment Law Case Study

Client matter:

An employer terminated their employee, without warning or notice, for failing to carry out their duties in accordance with their employment agreement. The employee brought proceedings against the employer for unfair dismissal in the Fair Work Commission.

The outcome:

Brydens Lawyers represented the employer in these proceedings and assisted the parties to reach a mutual agreement of settlement quickly to avoid additional legal costs for the employer.

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