What you need to know about unfair dismissal and terminations to protect your interests.
Termination of employment is often stressful.
As an employer, you need to be sure that your actions comply with your legal obligations to avoid unfair dismissal, general protections, wrongful dismissal, bullying, discrimination or other employment law claims, that may result in orders for compensation or penalties.
Failure to comply with the law may expose your business. Claims and legal proceedings can also be costly to deal with
As an employee, you need to know your obligations, rights and entitlements.
Our employment and workplace relations lawyers are experts in relation to all employment law claims.
Employees – Have you been unfairly or unlawfully dismissed?
Being unfairly or unlawfully dismissed by your employer can be stressful and upsetting. The short time frames within which unlawfully dismissed employees must lodge a claim mean that you must act quickly to make your case.
MDC Legal understands the urgency associated with a dismissal. We provide a supportive, timely and cost effective service.
We are experienced in advising a wide range of employees in many different industries. We also provide legal support for professionals, executives and senior employees in the public and private sectors.
We provide legal services and advice for:
- State and Federal workplace laws and the common law relating to terminations
- Unfair dismissals and unlawful dismissals (including breaches of general protections and adverse action claims).
- Discrimination and redundancy claims
- Negotiating exit packages
- Employment contracts, restraints of trade or post-employment restraints
- Advising on and representing employees in unlawful dismissal claims in all jurisdictions
- Advocacy at conciliation conferences, mediations, and hearings in the State and Federal commissions, tribunals and courts
If you think that you have been unfairly or unlawfully dismissed, or been discriminated against, or you have received a letter alleging a restraint of trade breach, contact us today for a no-obligation preliminary discussion with a member of our team.
Employers – Do You Need to Terminate an Employee?
Dismissing an employee can be a risky and time consuming process. If the dismissal is mismanaged, it can expose your business to legal claims and considerable expense. It’s a good idea to have legal support to help you protect your business.
Risks can arise because:
- An employee is disgruntled by the process, resulting in them challenging their dismissal, even though it may have been fair and lawful
- A manager hasn’t got the dismissal process quite right; putting an otherwise valid dismissal at risk of being procedurally unfair
- The dismissal is unfair or unlawful.
Our experienced employment lawyers know the laws governing dismissals and understand the need for your business to manage the termination process effectively. We provide up to date legal advice and help you implement processes to safeguard against unfair or unlawful dismissals. When employee claims are made we can help protect your business against costly and time-consuming disputes with dismissed employees.
- State and Federal workplace laws and the common law relating to terminations
- Risk minimising dismissal strategies
- Advising on and defending legal proceedings brought by dismissed employees
- Employment contracts
- Tailoring handbooks, checklists and interactive training for management on safe dismissals and avoiding claims
- Negotiating exit packages
- Advising on and defending unfair and unlawful dismissal claims in all jurisdictions
- Advocacy at conciliation conferences, mediations, and trials in the state and federal commission, tribunals and courts
We tailor our service delivery to meet your needs. Contact us on 9288 4000 for more information.
Employers – Are you defending a claim of Unfair Dismissal, Unlawful Termination, General Protections, Bullying or Discrimination?
We have a high degree of success settling matters before significant costs are incurred, and where matters cannot be settled, we’ve had outstanding success in getting judgment for our clients.
Our Specialist Employment Lawyers will provide:
- the strongest possible legal and factual defences;
- strategy to maximise your bargaining position and best ensure successful orders;
- advice on potential remedies available to the employee and how to minimise those;
- what costs may be available to you;
- the procedure from preparing and lodging your defence, to appearing at conciliation, then either to settlement and deed of release, or to trial and judgment.
We make every effort to settle the matter as early as possible but are also well resourced to defend all the way to judgement.
We tailor our service delivery to meet your needs. Contact us on 9288 4000 for more information.
Testimonials
Anonymous
I would be happy to recommend MDC Legal to others. During a difficult time, Nikita’s clear and accurate advice has been extremely valuable.
Anonymous
Thank you to Nikita and Madeleine from MDC Legal for their assistance in resolving my work related matters. The result achieved with their assistance and diligence was exactly what was sought throughout the whole process.
Anonymous
My experience has been nothing but positive so thank you again for all your assistance and counsel. An extremely professional and knowledgeable practice with an empathetic touch, was easy to see why you come recommended.
Anonymous
I was recommended MDC Legal, through another legal consultant, as a good option to assist with an employment contract and redundancy dispute I was having with my current employer. From the initial engagement I was extremely happy with how quickly the MDC team were able to gather my relevant employment information, understand my situation and provide clarity on my legal position. As with most employment dispute cases, the time taken to reach a resolution is often stressful and only adds to unwanted anxiety within the workplace, so I was very happy that MDC had received a settlement offer which was both acceptable and within a reasonably short time. From a personal experience perspective, I certainly appreciated the positive personal and straight forward approach to providing advice, making it easier to understand my position and expectations throughout the process, MDC were very good in keeping me informed.
I would happily recommend MDC Legal to anyone seeking legal help or professional advice on employment related matters.
Anonymous
I can’t reiterate enough how happy I was that I consulted Nikita and Lauren. The support I received especially during a time like this was invaluable and for that I truly appreciate all the work that went into your advice. You were both professional, realistic and understood exactly what I needed/wanted and where I wanted to take this matter. One again thank you for your support.
Thomas Zimmermann
I contacted MDC Legal following a recommendation and I am glad that I did.
My initial email was answered 30 minutes later, in detail. All subsequent correspondence was quick, professional and to the point. There was transparency throughout.
The most impressive aspect of MDC Legal for me however, was their honesty. This is a virtue fast disappearing in today’s world.
Thank you MDC Legal.
Angela Matija Babic
Most people when they engage the services of a solicitor have to do so because of an unpleasant/ongoing legal matter that needs sound, solid advice and an equitable resolution that won’t resurface in the future. MDC Legal went above and beyond my expectations. Not only did they keep me up to date with regular informed communications, but they also advised me as to the best course of action needed to achieve a favourable outcome for myself with the least amount of stress possible.
Most legal matters do require some investment, but it is money well spent with MDC Legal. Keep in mind that if you want the best, then you have to pay for it- if you pay peanuts, then you will get monkeys!! Joanna Knoth and Noella Silby are a class act. Not only are they a credit to MDC Legal, but they are a positive representation of the legal profession and the community overall. You are in safe, capable hands with MDC Legal and I would not hesitate to recommend them or to utilise their services should a legal matter arise in the future.
Amanda Sturrock
Excellent service from an outstanding professional team. MDC Legal took the initiative, worked hard, were honest, spoke from a position of expertise which gave them the opportunity to challenge lesser expertise with great confidence. We were treated with respect and given very honest feedback every step of the way. We have left our meetings with Mark Cox feeling humbled by his support and respectful of his integrity and the huge energy he has for his work. Most of all we felt supported.
Crystal Brown
Mark and Jessie from MDC Legal were incredibly professional and dealt with my case compassionately. I had a great result and I thank the whole team for everything that they did. Five stars from me!
Angela Krsticevic
Most people when they engage the services of a solicitor have to do so because of an unpleasant/ongoing legal matter that needs sound, solid advice and an equitable resolution that won’t resurface in the future. MDC Legal went above and beyond my expectations. Not only did they keep me up to date with regular informed communication, but they also advised me as to the best course of action needed to achieve a favourable outcome for myself with the least amount of stress possible.
Most legal matters do require some investment, but it is money well spent with MDC Legal. Keep in mind that if you want the best, then you have to pay for it- if you pay peanuts, then you will get monkeys!! Joanna Knoth and Noella Silby are a class act. Not only are they a credit to MDC Legal, but they are a positive representation of the legal profession and the community overall. You are in safe, capable hands with MDC Legal and I would not hesitate to recommend them or to utilise their services should a legal matter arise in the future.
Michael Bellman
MDC legal has assisted myself and my firm in the past with sound legal advice and professional services which has resulted in very positive outcomes, would highly recommend them for any workplace legal issue.
Sean Fraser
I can confidently recommend their services and have found MDC and their legal team to be professional and considerate. The advice I received was both genuine and realistic resulting in a favourable outcome for myself. Thank you MDC.
Andrew Beek
What an amazingly talented team I had through my recent trial. Truly a level beyond in professionalism, respect for the law and demonstrated themselves to be a class above the plaintiff in the Supreme court. They went well beyond my expectations, achieving an phenomenal outcome. Superb communication throughout the whole process, with outstanding advice and direction. I could not recommend anyone better than this team for my legal representation. Thank you again so much.
Andrew Beek, Director of WA Bending Pty Ltd.
Sarah M
MDC legal are a highly professional and ethical legal firm. I recently sought their advice and representation in an employment related matter, and engaged the services of Joanna Knoth. MDC Legal and Joanna responded quickly to my initial enquiries and throughout out period of interaction, and were extremely knowledgeable in workplace legislation. Costs were well explained upfront and as my case proceeded so there were no ‘surprises’. They communicated well at all times, explained required processes effectively and ultimately achieved a positive outcome for me as their client. I would highly recommend them as a legal firm and would engage their services again if I had further need for legal advice.
John Tidy
I had a rather difficult legal issue compounded by the fact that a big established law firm was throwing their “family” weight behind the matter.
One letter, with excellent advice and legal clout, from MDC Legal was all it took for this matter to be very favorably resolved.
Four years down the line and this matter has never been an issue again.
Well done MDC Legal!
Quyen Truong
Joanna and the team at MDC Legal helped me through one of the most difficult periods of my working career to date. They were professional, efficient and effective in helping me achieve a great outcome. They showed great empathy and understanding of my workplace case and I would recommend them to anyone.
Liz Carbone
I recommend MDC legal to anyone seeking prompt professional advice and assistance with an employment law matter. I have personally been assisted by Mr Mark Cox and have also worked with some of his legal staff and have been really impressed by the depth of assistance and commitment to achieving positive results. If you have an employment matter and want the best value for money in the long run for your hard earned dollars, contact MDC legal and give yourself the best chance possible.
Sherry Wong
I used MDC Legal upon another lawyer’s recommendation, for an employment contract for my business. Mark, Jessie and Jo are a great team. Their communication is excellent so I knew what stage the project was at every step of the way. Costs are explicitly outlined so there is complete financial transparency. Very happy with the end contract and their services. Will be using them again for further employment law needs for my business.
Brian Peddie
Mark Cox and the team at MDC Legal assisted me through one of the most difficult periods in my professional career. They were honest, informative, empathic and very experienced. I could not have achieved the positive outcome I did without them. I highly recommend MDC Legal.
TAL MHLC
As a not-for-profit community legal center, the Mental Health Law Center has appreciated the considered, professional advice and assistance provided by Mark Cox and his team at MDC Legal. Their advice, not only on matters of employment law but also on applying the law to complex employment situations was communicated clearly and without jargon. The advice they provided was relevant, up-to-date and useful in achieving a positive outcome.
The Employee Handbook and Management Guides provided by MDC Legal are extremely useful, not only in preventing employment situations from arising but also in providing quick guidelines to assist in the day to day managing and creating a positive work environment for staff members.
Highly recommended.
