Adverse Action Risks for Hospitality Employers Explained
Last Updated on 02/07/2026 by Damin Murdock The general protections provisions in the Fair Work Act 2009 (Cth) are among the most powerful legal tools
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.
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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:
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.
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.
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.
The paperwork side of a claim has rigid deadlines. We handle the drafting properly, so your business is not caught out on a technicality.
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.
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.
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.
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.
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.
Do not let a former employee dictate the terms. Speak directly with a workplace dispute expert to protect your business.
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.
Nothing complicated. Three stages, clearly explained.
We go through the termination details, read the employee claim and give you an honest read on the commercial risks.
We draft the formal FWC response, lock in your evidence and build a strategy focused on minimising disruption to your business.
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.
If a claim has been filed, you generally only have 7 days to lodge an Employer Response. Do not delay.
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.
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.
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.
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.
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