Unfair Dismissal – Acting For Employers

  • Direct Partner Access
  • Flexible Fees
  • Expert Advice
  • Melbourne-Based
  • Free Case Review
  • Fast Turnaround Times


We have experience in advising employers on the processes involved in dismissing an employee and are able to draft appropriatet warning and termination letters and deeds of release. Below are some of the key criteria that must be considered when defending an unfair dismissal claims.

Our strengths in unfair dismissal claims

We aim to provide every client with

  • a free telephone consultation
  • an honest appraisal of the merits of their case
  • cost effective outcomes
  • direct partners access
  • outstanding results

Who can bring a claim against you?

An employee, who earns less than $133,000 and is not covered by an award or enterprise agreement, is entitled to bring an unfair dismissal claim within 21 days of their being dismissed.

What is the test?

An employee can bring a claim if their dismissal was harsh, unjust or unreasonable. An employee only needs to prove one of the elements, in other words, they only need to claim that the dismissal was either unjust or harsh or unreasonable. A dismissal may be:

  1. unjust because the employee was not guilty of the alleged misconduct
  2. unreasonable because the evidence or material before the employer did not support the conclusion
  3. harsh on the employee due to the economic and personal consequences resulting from being dismissed, or
  4. harsh because the outcome is disproportionate to the gravity of the misconduct (the punishment does not fit the crime).

How we will help?

We will meet with you to discuss any defence to the claim, and how to best approach the claim both legally and commercially.

Contact Us today on (03) 8320 2955 to arrange a consultation with one of our experienced lawyers.

Our Happy Clients

The Difference Is In Our Level Of Experience Defending The Most Difficult Cases & Our Rigorous Approach To Each Matter

  • I have known Brett Samuel and Rosendorff Lawyers for over 18 months. Brett is a commercially astute lawyer who provides excellent service, quick turnaround, responsive and useful advice and above all understands that clients expect results not just legal gobbledygook.

    I have referred Brett to a number of clients requiring commercial legal expertise and each has commented on his service and value for money approach to the law.

    I have also personally engaged Brett on a number of commercial and private matters and have found him to be an excellent ally. His advice is highlighted by providing options to the client but importantly, recommending a course of action that minimises risk and maximises outcomes. To date this approach has proven to be very valuable and what I, as a client, expects.

    I have no hesitation in recommending Brett for any commercial matter that you need advice on.

    Colin Linke, Director, Bentley Partners Accounting Services

  • I have used the services of Rosendorff Lawyers for a number of years now and have found them to be a great asset to my Business Sunburst Group. Their advice concerning contractual law and from time to time commercial litigation has been indispensable. Brett Samuel is always a pleasure to deal with as he is meticulous in his research prior to any legal action we might be considering. My association with Rosendorff Lawyers has helped my business to make the correct informeddecisions and in doing so has enabled me to save many thousands of dollars that otherwise uniformed decisions may have cost me.


  • Thanks for the excellent work you and your team at Rosendorff Lawyers did throughout the whole process of setting up Tarp Asset Management. The advice given was much appreciated. Coming in under budget was a welcome surprise too. I would not hesitate to recommend Rosendorff Lawyers to anyone searching for a reputable Melbourne-based financial services law firm. Your team went well above and beyond what was required to achieve success. I look forward to a long and rewarding professional relationship with Rosendorff Lawyers.

    Alex Tarpkos Tarp Asset Management

Request a free phone consultation

Tell us about your case and will get in touch with you shortly.

Get In Touch With Us

Call Now Make an Enquiry