Unfair Dismissal and Claims

Unfair dismissal claims and adverse action claims can be one of the most stressful and costly issues that your business will face. With the Victorian Chamber of Commerce and Industry's Workplace Relations consultants you can rest assured that you’ve got experts on your side. Our expertise includes:

  • Expert guidance, advice and support in addressing potential and actual claims
  • Representation at conciliations and arbitrations facilitated by Fair Work Commission
  • Assistance in drafting appropriate documentation

Termination and performance management

The Victorian Chamber understands that performance management and termination of employees is critical to the success of your business. Our Workplace Relations consultants are experts in assisting you through the minefield of statutory and regulatory requirements.  Our Workplace Relations consultants can assist you with:

  • Managing the performance, conduct and termination of your employees
  • Statutory and regulatory requirements
  • Pre-empting and addressing potential grievances and disputes that may arise from such proceedings
  • Facilitating mediations and disciplinary proceedings

Success Story

A Victorian Chamber member contacted the Workplace Relations helpline for advice on terminating an employee. The employer believed that the employee would be likely to launch an unfair dismissal claim and wanted advice and support before dismissing the employee. 

The Victorian Chamber consultant was able to talk the employer through all the steps required to defend an unfair dismissal claim and ensure that all the necessary procedures had been followed and all supporting paperwork was in place.

The employee launched an unfair dismissal claim, in which the Victorian Chamber represented the employer at conciliation, and when that was unsuccessful, at the unfair dismissal arbitration. The employer's ability to demonstrate that all appropriate procedures had been followed and provide written evidence to that effect resulted in the claim being dismissed and the employer's decision upheld.

Frequently Asked Questions

  • What are General Protections, or Adverse Action claims?
  • How is an adverse action claim different from an unfair dismissal claim?
  • How do changes to the Fair Work Act 2009 affect my business?
  • What is a Fair Work Australia conciliation? And what is a Fair Work Commission arbitration?
  • How should I prepare for my upcoming Fair Work Commission conciliation or arbitration?
  • How can I ensure my practices comply with current legislative requirements?
  • How do I dismiss an employee?
  • Do I have to give an employee three warnings?
  • What are the laws regarding dismissal?
  • What is serious misconduct?
  • What actions qualify for instant dismissal?
  • What is harsh, unjust or unreasonable dismissal?
  • How is termination of employment defined? What are the different types of termination of employment?
  • When is termination unlawful under the Fair Work Act?