Inappropriate or unfair termination or dismissal of employee (employer).

We will help you defend the claim, get it off your desk, and get back to running the business.

A former employee has filed an unfair dismissal claim, and the clock started running the day they did. You believe the dismissal was the right call, but you also know that defending a claim badly can cost more than just paying off something that lacked merit in the first place. We act for employers from the day the claim lands all the way through to a final outcome, and we know which arguments resolve matters quickly and which drag them out. The goal is the same one you have: defending the decision, on your terms, with as little of your time and money tied up in it as possible.

What is an unfair dismissal claim and what does it mean for the business?

An unfair dismissal claim is an application by a former employee to the Fair Work Commission, asking the Commission to find that the way they were dismissed was harsh, unjust, or unreasonable. For the business, that means a tight response window (a Form F3 has to be lodged within seven days of being served), a conciliation in front of a Commission conciliator about six weeks later, and the prospect of an order for compensation of up to 26 weeks pay if the matter goes to a contested hearing and the employer loses. The Commission tests the dismissal under Part 3-2 of the Fair Work Act 2009 (Cth), focusing on the reason given for the dismissal, the warnings on the file, and whether the employee was given a real chance to respond before the decision was made.

How long do I have to respond?

You have seven days from being served to lodge a Form F3 response with the Fair Work Commission. Miss that deadline and you limit the arguments you can run later, so the response is worth preparing properly rather than at the last minute.

What happens at conciliation?

Conciliation is a confidential phone meeting run by a Commission conciliator about six to eight weeks after the claim is filed. Most claims resolve at this stage, usually with a payment, a statement of service, or both, without ever needing a contested hearing.

Could I be ordered to pay if I lose?

Compensation is capped at 26 weeks of the former employee’s pay, subject to a statutory ceiling. The actual amount usually reflects what they would have earned between dismissal and finding new work, with any income they have earned in the meantime deducted from the total.

Will the claim end up in the public record?

Decisions that come out of a contested hearing are published on the Commission’s website with both parties named. Settlements reached at conciliation are confidential, which is one of the reasons most matters resolve at that stage.

A response that puts your case on the front foot from day one.

We prepare the Form F3 so the dismissal reads as a sound commercial decision, not something to apologise for.

A conciliation strategy that protects the business.

We attend conciliation with you and advise on the realistic range of outcomes, what to accept, and when to push back.

Hearing-ready preparation if the matter goes the distance.

If conciliation does not resolve it, we prepare the evidence, brief the witnesses, and run the hearing.

An unfair dismissal claim does not have to derail your business.

How you respond in the first two weeks shapes everything that follows. The earlier we get the file, the more options we have, and the faster the whole thing is behind you. Speak with us before you respond to anything.

Defending a claim is a strategy, not a denial.

A former employee has filed a claim saying the dismissal was harsh, unjust, or unreasonable, and you have a tight window to respond. You believe the dismissal was the right call. The frustration is not just the claim itself. It is the time you are now going to lose to it, and the cost of getting the response wrong.

We will review the dismissal decision and the file behind it.
We will prepare the Form F3 response so the dismissal reads as a defensible commercial decision.
We will attend conciliation with you and negotiate a sensible resolution if one is on the table.
We will run the matter to a hearing if conciliation does not produce an outcome you can accept.
We will keep you informed of the realistic cost exposure at every stage so you can make a commercial call, not an emotional one.

A former employee who you dismissed for legitimate reasons has filed a claim, and you know that defending it will take time and resources you would rather be spending on the business.

You made the difficult call to dismiss someone, whether for performance, for misconduct, for a role that no longer existed, or for some combination. It was not a snap decision. You ran the process you thought was required, you have the file to show for it, and now a claim has landed with weeks to respond. The frustration is not the claim itself so much as the diversion of your attention away from the business at a time when you can least afford it.

What's included in your unfair dismissal defence service

Review of the dismissal decision and the supporting file.
Drafting of the Form F3 response.
Jurisdictional objections where the claim is out of time or out of reach.
Conciliation attendance and negotiation.
Witness preparation and brief to counsel if the matter heads to a hearing.
Advice on settlement, statement of service, and confidentiality terms.

What happens when a claim is handled the wrong way?

Employers who treat an unfair dismissal claim as a formality usually find out the cost too late. A Form F3 response that just denies the claim, without putting the proper reasons for the dismissal on the record, gives the conciliator nothing to work with and gives the former employee momentum heading into the meeting. The settlement number creeps up, the legal bill creeps up, and the matter can end up at a contested hearing with a published decision that sits permanently online, findable by every prospective hire who searches your business name. The cap on compensation is one thing; the time, distraction, and reputation cost is something else entirely.

Here is how we put you on the front foot and resolve the claim on your terms.

We treat the response and the conciliation as the moments that actually decide the outcome, because in most matters they do. We draft a Form F3 that puts your reasons for the dismissal clearly on the record, picks up any issues with the claim itself, and signals to the conciliator that this is a matter being taken seriously. At conciliation, we negotiate from a position of preparation, not pressure. The result for most clients is a sensible resolution at that stage; for the ones that do not resolve there, we prepare for the hearing with the same focus.

Three steps to defending the claim with confidence.

Response framed, conciliation managed, outcome controlled.

Frame the response.

We review the dismissal decision and the file, then draft a Form F3 that puts your reasons on the record.

Manage conciliation.

We attend conciliation with you, negotiate within a realistic range, and advise on whether to settle or proceed.

Resolve or prosecute.

If the matter resolves, we finalise the terms. If it does not, we prepare the witnesses and run the hearing.

Employment lawyers who defend Fair Work claims for Australian employers, week in and week out.

Being on the receiving end of an unfair dismissal claim is rarely fair and almost never welcome, especially when you believe the dismissal was both reasonable and necessary. We have defended claims for employers across small business, professional services, healthcare, and corporate clients, and we know what arguments resonate and which ones do not. Our employment team runs conciliations and hearings as their core work, which means we read settlement positions and the room quickly. You get a faster path to a defensible outcome, with less of your time pulled into it.

We understand you want to know the cost, before we get started.

We will map out our process, from beginning to end, so you know what the journey will look like before you get started.

We will provide you with a clear and detailed Work Proposal covering each step along the way.

Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Our great lawyer guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.

Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

Stick to our knitting

We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.

Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

Fair pricing

For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.

It's your show

We're not in this for our egos. We're in it for a front row seat to witness your success.

Ready to defend the claim and get it off your desk?

How to co-own property without conflict, confusion, or costly mistakes

You’ve been told to make a family trust election. Here’s what that actually means.

Changes to trust taxation in the Federal Budget: Is there still a case for keeping a family trust in my structure?

How we built our AML/CTF compliance into the way we already work

Tagged 294