Unfair Dismissal Lawyers for Employers Melbourne

Practical, employer-focused advice for Melbourne and Australian businesses managing dismissals, grievances and Fair Work claims

Terminating an employee is one of the most legally sensitive decisions a business can make. Even when the underlying decision is sound, an unfair dismissal claim can disrupt operations, damage workplace culture, and expose a business to compensation, legal costs, and reputational risk if the process behind it isn’t properly managed.

At Hentys Lawyers, we act exclusively for employers, providing practical, commercially focused advice on dismissals before they happen and strong representation if a claim is made. We work with employers across Melbourne, Sydney, Brisbane, Perth, Adelaide and the rest of Australia, advising on terminations before they happen and representing businesses through conciliation, hearings and, where matters escalate, the Federal Circuit and Family Court of Australia or the Federal Court.

For urgent WorkCover and Employment matters, please call Timothy Ashton at any time on 0416 094 174.

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Where Unfair Dismissal Claims Come From

Genuinely difficult judgment calls don’t spark most unfair dismissal claims — avoidable gaps in process do. Common triggers include performance dismissals without prior warning, probation terminations without a proper process, misconduct that was never properly investigated, and dismissals that lack a clear, defensible reason. Non-genuine or rushed redundancies are another frequent source, along with terminations that follow closely on an employee’s illness or extended leave, where the timing alone can suggest the stated reason wasn’t the real one.

Inconsistency causes claims too — one employee dismissed for conduct another was only warned about. The Fair Work Commission doesn’t expect perfection, only a process that was fair, proportionate, and genuinely followed through.

The Mistakes That Sink an Employer’s Case

The strength of an employer’s position usually comes down to documentation and consistency. The defects we see most often:

No valid reason for the dismissal, or one that doesn’t hold up once tested
Inadequate investigation, with findings assumed rather than established
No prior warnings, particularly in performance cases
No written allegations setting out what was actually being put to the employee
Failure to follow the employer’s own policy, or the Small Business Fair Dismissal Code where it applies
Not giving the employee a genuine chance to respond before deciding
Predetermined outcomes — where the decision was effectively made beforehand

Predetermined outcomes are the most damaging of these: no amount of paperwork created afterwards fixes a decision that was already made.

What Procedural Fairness Involves

Putting the allegations and evidence to the employee, clearly and in enough detail to respond to
Allowing a real opportunity to respond, including the chance to bring a support person
Genuinely weighing that response, and the surrounding circumstances, before deciding

Even where the Small Business Fair Dismissal Code applies, fairness must be real, not just claimed.

The Documentation You Need Before You Terminate

A termination is only as strong as the file behind it:

Investigation file and witness notes, taken at the time
Written allegations put to the employee
Performance management plans and warnings, where relevant
Meeting records, including the outcome meeting
The relevant policy the employee was expected to follow
Written reasons for the termination decision

Records reconstructed after the fact carry far less weight than ones created at the time — it’s often the first thing conciliators look at.

Advice We Give Employers Before They Dismiss

Before a termination letter goes out, we recommend employers:

Clarify the valid reason and make sure it will stand up to scrutiny
Run — and properly document — a fair process
Check jurisdictional issues and risks, including eligibility and award coverage
Consider alternatives such as a formal warning or a Performance Improvement Plan

Getting advice early — before the letter goes out — is consistently the difference between a clean exit and a contested claim.

How Hentys Lawyers Can Help

We work with employers at every stage of a termination, not just once a claim has already landed. Our team can:

Advise on a specific termination decision before it’s made, including eligibility, risk and process
Review your documentation and disciplinary history before you act
Run or oversee misconduct investigations so they hold up to scrutiny
Represent you in conciliation and at hearing before the Fair Work Commission
Train your managers to run a defensible process from the outset

Getting advice early — before the termination letter goes out — is consistently the difference between a clean exit and a contested claim.

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Our Expert Unfair Dismissal Legal Team in Melbourne

Our team combines deep knowledge of the Fair Work Act’s unfair dismissal provisions with practical industrial experience, providing strategic, defensible advice on termination decisions before they’re made — and strong representation in conciliation and at hearing when a claim is lodged.