Unfair Dismissal & Termination

Losing your job is never easy, but when it happens unfairly, it can be devastating both personally and professionally.

Protecting Your Rights in the Face of Termination

At THAMS Law Group, we work with employees who believe they’ve been wrongfully or harshly dismissed, as well as employers who need to ensure the termination process is fair, compliant, and defensible before the Fair Work Commission or other regulatory bodies.

Whether you’re challenging a decision or implementing one, we provide clear, strategic advice that protects your position and helps you act with confidence.

Understanding employment contracts in Australia

Under the Fair Work Act 2009 (Cth), an unfair dismissal occurs when an employee’s termination is considered harsh, unjust, or unreasonable. This means that even if there is a valid reason for ending employment, the process or circumstances surrounding the dismissal may still make it unlawful.

For employees, unfair dismissal can take many forms, such as being terminated without a valid reason related to conduct, performance, or capacity; not being given a genuine opportunity to respond to allegations before termination; or being dismissed for discriminatory or prohibited reasons, including taking parental leave, exercising workplace rights, or making a complaint about workplace safety.

For employers, understanding and meeting the requirements of a fair dismissal process, complying with all legal obligations under the Fair Work Act and any applicable awards, enterprise agreements, or employment contracts, is critical to avoiding costly claims. 

WHAT WE DO

Fighting Unfair Dismissal, Protecting What’s Yours

Our Approach

We start by listening to your story and understanding the context, not just the legal facts, but the personal and commercial realities at play. We then review the termination circumstances in detail and assess whether you meet the legal thresholds for an unfair dismissal claim (as an employee) or a valid defence (as an employer).

For employees, we focus on securing the most appropriate remedy for your situation, whether that’s reinstatement to your role, a negotiated settlement, or compensation for lost income.

For employers, we provide guidance on procedural fairness, evidence gathering, and dispute resolution strategies that protect your business while maintaining professional relationships. We aim to close matters quickly, cost-effectively, and with minimal disruption to operations.

Our advice is always clear, practical, and commercially sensible, so you know exactly where you stand and what to do next.

Time Limits and Why They Matter

If you believe you’ve been unfairly dismissed, you must act quickly — the Fair Work Commission requires most claims to be lodged within 21 days of your dismissal taking effect. Missing this deadline can significantly reduce, or even eliminate, your legal options.

For employees, we act fast to gather the necessary details, prepare your application, and put forward a strong case before the deadline expires. This includes collecting evidence, advising on potential remedies, and representing you throughout the process.

For employers, we ensure any termination is defensible from day one, minimising the risk of a claim being filed against you. If a claim has already been lodged, we work quickly to prepare a comprehensive defence and explore opportunities to resolve the matter efficiently.

Why Unfair Dismissal Matters

Unfair dismissal affects livelihoods, reputations, and the integrity of workplace relationships.

For employees, a successful claim can restore financial stability, protect your professional reputation, and affirm your workplace rights. We work to ensure your case is presented in the strongest possible way, balancing legal strategy with sensitivity to the personal impact of losing your job.

For employers, following the correct process from the outset helps avoid costly disputes, maintain trust within your workforce, and demonstrate that your organisation upholds fair and lawful employment practices. If you do face a claim, we focus on resolving it in a way that protects both your reputation and your bottom line.

Clear, Decisive Support in Unfair Dismissal Matters

At THAMS Law Group, we help employees and employers navigate the legal and procedural complexities of unfair dismissal and termination disputes.

If you’ve been dismissed and believe it was harsh, unjust, or unreasonable, we can guide you through the process of making a claim with the Fair Work Commission. For employers, we provide clear advice on managing terminations lawfully, reducing risk, and protecting workplace relationships.

Strict time limits apply, in most cases, an unfair dismissal claim must be lodged within 21 days. Our role is to act quickly, protect your position, and pursue the best possible outcome with clarity and care.

FAQs

  • Engaging a lawyer before a contract is offered or signed is the best way to minimise future disputes. For employers, this ensures your contracts are tailored to your industry, legally compliant, and enforceable. For senior employees and executives, early legal advice helps you understand the commercial implications of the terms, negotiate better conditions, and avoid restrictive clauses that could limit your future career.

  • Generic templates often fail to address industry-specific risks, comply with current legislation, or reflect the unique needs of your business. They may also leave gaps in key areas such as intellectual property ownership, post-employment restraints, or dispute resolution. These gaps can expose you to costly claims or weaken your position if a dispute arises.

  • Confidentiality clauses and IP ownership provisions must be precise, enforceable, and tailored to the role. Without them, valuable information, trade secrets, and creative works developed during employment may walk out the door. We ensure these protections are clear, enforceable, and aligned with your commercial priorities.

  • Any variation to an employment contract — whether changing remuneration, duties, or work location — must be made in writing and with the employee’s consent. For employers, documenting changes properly avoids claims of breach or constructive dismissal. For employees, it’s important to ensure the change is fair, lawful, and accurately reflects what’s been agreed.

  • Post-employment restraints (such as non-compete or non-solicitation clauses) are only enforceable if they are reasonable in scope, geography, and duration. We draft and review these clauses to ensure they are legally defensible and commercially justified, and for employees, we negotiate to limit overly restrictive terms that could affect future opportunities.

  • Common pitfalls include relying on outdated terms, omitting modern award or enterprise agreement references, failing to include enforceable restraint clauses, and overlooking key compliance obligations under the Fair Work Act. We identify and correct these issues before they become liabilities.