office@leolawyers.com.au

02 8201 0051

unfair dismissal lawyers sydney

Facing a claim from a former employee? Or need to manage a high-risk termination without the legal blowback? Get clear advice that protects your business.

Smart

Experienced

Strategic

Transparent

Unfair Dismissal Lawyer Sydney

Terminating an employee is never simple. It gets much worse when a former staff member drags your business into the Fair Work Commission.

Here is what many business owners find out the hard way. When an employee files an unfair dismissal claim, the employer only has seven days to file a formal response. Miss that deadline or submit a poorly drafted response and your company is immediately on the back foot.

Our unfair dismissal lawyers in Sydney work with businesses to manage complex exits and defend against unjustified claims. We look at your situation honestly and tell you exactly what your financial exposure is. No legal jargon. Just straight answers.

We help employers with things like:

Determining if a dismissal actually breaches the Fair Work Act.
Drafting and lodging the Employer Response with the Fair Work Commission.
Negotiating commercial settlements to stop a claim from dragging out.
Representing your business at FWC conciliation and formal hearings.
Advising on performance management.

The goal is always a practical commercial result. We protect your reputation and your bottom line.

Leading Employer Defence & Workplace Lawyer

Meet Damin Murdock

Over 18 Years of Experience in Litigation & Dispute Resolution

Damin Murdock has spent more than 18 years handling high-stakes employment disputes across New South Wales and Victoria. He regularly defends businesses, directors and HR teams against complex unfair dismissal and general protections claims.

Because he has seen these disputes from every angle, Damin knows exactly how opposing lawyers think and where their arguments usually fall apart. He uses this insight to build a defence that actually works.

He regularly advises companies on:

Defending unfair dismissal and adverse action claims.
High-risk executive terminations and exit deeds.
Performance management and legal compliance.
Fair Work Commission representation.

Over 300 five-star reviews highlight what clients value most about working with Damin. He is direct, commercially focused and refuses to waste your time or money on unnecessary legal fights.

“Help you stay ahead with innovative, practical and commercial advice.”

18+ Years of Trusted Legal Excellence

Our Unfair Dismissal Defence Services

Every employment dispute is different. But the Fair Work process is strict, and we know exactly how to manage every stage to protect your business.

1. Claim Assessment & Risk Review

We look at the termination process, review the employee’s claim and tell you straight away if you have a strong defence or if a fast settlement makes more commercial sense.

2. Fair Work Commission Responses

The paperwork side of a claim has rigid deadlines. We handle the drafting properly, so your business is not caught out on a technicality.

3. Strategic Settlement & Deeds of Release

A lot of these matters do not need to go to a final hearing. With the right pressure applied early, many claims can be settled quickly and quietly.

4. Conciliation Representation

Conciliation is where the vast majority of claims are sorted out. We make sure your business is completely prepared and heavily represented during this telephone conference.

5. Hearings & Litigation

Some ex-employees refuse to be reasonable. When a case escalates, you need a lawyer who knows how to aggressively defend your business at a formal hearing.

6. General Protections Claims

Not every claim is a standard unfair dismissal. If an employee claims they were dismissed for exercising a workplace right, the financial penalties for the business can be significantly greater than an unfair dismissal. We defend these rigorously.

Our Expertise in Managing Staff Exits

We help employers push back against claims where the termination was entirely justified. If the employee stole, underperformed or breached company policy, we make sure the Commission sees the facts.

General protections claims are dangerous because compensation is uncapped. We help businesses prove that a termination was based on legitimate operational reasons, not retaliation.

Getting a redundancy wrong often triggers an unfair dismissal claim. We guide employers through the correct consultation processes.

The best way to win a dismissal claim is to avoid it entirely. We advise HR teams and managers on how to structure performance improvement plans (PIPs) and issue warnings correctly.

Your employment contracts should protect the business. We make sure post-employment restraints, confidentiality rules and notice periods are enforced when an employee leaves.

Take Control of the Dispute

Do not let a former employee dictate the terms. Speak directly with a workplace dispute expert to protect your business.

Expertise Across Key Industries

Defending an unfair dismissal claim requires an understanding of how your specific workplace operates. We protect employers, HR teams, and directors across a wide range of highly regulated and fast-moving sectors.

Our Process

Nothing complicated. Three stages, clearly explained.

Initial Case Assessment

We go through the termination details, read the employee claim and give you an honest read on the commercial risks.

Defence Strategy

We draft the formal FWC response, lock in your evidence and build a strategy focused on minimising disruption to your business.

Direct Resolution

We push to resolve things efficiently. If a commercial settlement is the smart move, we negotiate hard. If a fight is required, we represent you fully.

Act Fast Before Deadlines Expire

If a claim has been filed, you generally only have 7 days to lodge an Employer Response. Do not delay.

Frequently Asked Questions

What exactly makes a dismissal "unfair"?

The Fair Work Commission looks at whether a termination was harsh, unjust or unreasonable. Even if you had a valid reason to dismiss someone, like poor performance, you can still lose a claim if you did not follow a fair process or give them a chance to improve.

An employee just filed a claim against us. What happens now?

You will receive a notification from the Fair Work Commission. You normally have seven days to submit an Employer Response. After that, the matter will be scheduled for a conciliation conference. You need legal advice immediately to draft a strong response.

Does the Small Business Fair Dismissal Code protect my company?

If your business has fewer than 15 employees, you have different rules. If you follow the Small Business Fair Dismissal Code exactly, the dismissal may be deemed fair. We help small businesses ensure they tick every box before letting someone go.

How much does it cost to defend a claim?

It depends entirely on whether the matter settles at conciliation or goes to a final hearing. We are completely transparent about our pricing before anything starts. We focus on commercial outcomes, meaning we will not suggest spending ten thousand dollars in legal fees to fight a three thousand dollar problem.

Leo Lawyers is built on the foundation of delivering legal excellence and outcomes, hence the name LEO.

Quick links

Practice Areas

Contact info

office@leolawyers.com.au

02 8201 0051

Level 15, Grosvenor Place, 225 George Street, Sydney NSW 2000

Level 23, Tower 5, Collins Square, 727 Collins Street, Melbourne VIC 3008