The Fair Work Act 2009 sets out remedies for employees who say that they have been dismissed not for a valid reason or dismissed because of a breach of ‘general protections’.
There is a strict 21 day deadline on bringing such dismissal claims.
The Litigation Team knows how to compose strong and effective applications for employees and responses for employers in the time frames imposed.
Matters founding unfair dismissal claims are often based on performance issues, failure to comply with policies or no valid reason at all.
Matters founding dismissals based on a breach of general protections include dismissal because of temporary absence because of injury or illness, dismissal based on an unlawful ground of discrimination, eg age, race, sex, political views, family responsibilities amongst others or dismissal because the employee has exercised a workplace right.
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Topics We’ve Written About
Victoria’s proposed Work From Home laws: what employers need to know
The Victorian Government's proposed Equal Opportunity Amendment (Work from Home) Bill 2026 could significantly change how employers manage flexible work arrangements. If passed, eligible employees whose roles can reasonably be performed remotely would have a legal...
Stay Refused: Court of Appeal Reinforces High Threshold
The Victorian Court of Appeal delivered a landmark judgment in HM (a pseudonym) v Sister Mary Monaghan (HM),[1] on 21 May 2026. The court affirmed the Court’s earlier refusal of a stay application. A stay is a court order that suspends a proceeding or the enforcement...
Dealing with HR ‘grey areas’ – Instalment Two
Workplace mental health, ill employees, absenteeism, and return to work management masterclass: dealing with HR ‘grey areas’. Emma Sutton & Caroline Mostafa Addressing low-level conduct issues In this week’s blog, we will discuss how to deal with low level...
Dealing with HR ‘grey areas’ – Instalment One
Workplace mental health, ill employees, absenteeism and return to work management masterclass: dealing with HR ‘grey areas’. Emma Sutton & Caroline Mostafa Last month, Associate Director Emma Sutton and Senior Associate Caroline Mostafa from Nevett Ford’s...
Snapshot: Victoria Expands Vicarious Liability for Child Abuse Claims
Tuesday 17 February 2026 marked another landmark decision for child-abuse survivors with the Victorian Parliament passing the Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2025 (Vic) (Act). The Act expands the doctrine of vicarious liability...
High Court majority extends non-delegable duty of care to intentional criminal conduct of delegates
The High Court of Australia has delivered a landmark ruling in AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle (AA),[1] concerning allegations of sexual abuse committed by a Catholic priest, against the plaintiff AA. AA creates a...





















