Defence Against Unfair Dismissal and Adverse Action Claims
1 July 2025Facing an unfair dismissal or adverse action claim can be a daunting experience for any employer. These claims often involve complex legal arguments, reputational risk, and the potential for financial penalties if not handled appropriately. At Hentys Lawyers, we specialise in defending employers against such claims—protecting your business, your decisions, and your people.
We act quickly to assess the legal risks, develop a robust defence strategy, and guide you through each step of the legal process, whether the matter remains before the Fair Work Commission or escalates to the Federal Circuit Court.
How Hentys Lawyers Can Help
Our employment law team is experienced in managing and defending claims brought under the Fair Work Act 2009, including:
Strong Legal Defence Against Claims
We provide a proactive and strategic defence to ensure your business is protected from false or unjust accusations. Whether you’re responding to an unfair dismissal application or defending an adverse action claim, we:
- Prepare comprehensive responses and evidence on your behalf
- Represent you during conciliation, mediation, and hearings
- Manage communication with the Fair Work Commission or courts
- Negotiate settlements where appropriate to limit cost and disruption
- Work to preserve your business’s reputation and minimise internal impact
Our approach is grounded in legal expertise and practical insight into how decisions are made in the workplace.
Legal Guidance Before Claims Arise
The best defence starts before any claim is made. We assist employers with compliance and procedural fairness to minimise the risk of disputes arising in the first place. Our services include:
- Advice on how to manage terminations lawfully and ethically
- Ensuring compliance with Fair Work Act obligations, Modern Awards, and National Employment Standards (NES)
- Drafting or reviewing termination letters, performance management documents, and internal policies
- Guidance on employee warnings, investigations, and documentation
- Advising on risk factors associated with protected workplace rights or discriminatory conduct
We help employers make informed decisions that withstand legal scrutiny and avoid unnecessary conflict.
Understanding Unfair Dismissal vs Adverse Action
Employers need to understand the legal difference between these claims:
- Unfair Dismissal claims arise when an employee alleges their termination was harsh, unjust, or unreasonable.
- Adverse Action claims typically involve allegations that an employee was treated unfavourably (including dismissal) because of a protected workplace right, such as making a complaint, taking leave, or joining a union.
Adverse action matters often carry higher legal risk, as the burden of proof shifts to the employer. That’s why early legal advice is critical.
Why Choose Hentys Lawyers?
At Hentys, we represent employers only, which means we have a focused understanding of the commercial and legal risks you face. We’re known for our:
- Expertise in employment law and Fair Work litigation
- Proactive strategies to minimise exposure and prevent disputes
- Strong courtroom advocacy and proven negotiation results
- Responsive, employer-focused support
Whether you’re responding to a claim or trying to prevent one, Hentys Lawyers is the legal partner you can rely on.
Protect Your Business Today
If your business is facing an unfair dismissal or adverse action claim—or you want to reduce the risk of one—speak to our team at Hentys Lawyers today. We’ll provide expert advice and a clear action plan to protect your workplace.
Contact Hentys Lawyers today for expert legal advice and tailored solutions at (03) 8615 4200.