A recent unfair dismissal decision provides a timely reminder to employers about proportionality, procedural fairness and the limits of employer control over employees’ personal circumstances. In Cogan v Edmund Rice Education Australia New South Wales Colleges Ltd [2026] FWC 1117, the FWC ordered the reinstatement of a long‑serving teacher dismissed by St Pius X College in Chatswood. […]
Unfair Dismissal Case – Reinstatement Ordered Read More »
Recently the Fair Work Commission (FWC) handed down a decision that reaffirms important indicia crucial to the distinction between independent contractors (IC) and employees. The decision in Williams v Mind Matters Sydney Pty Ltd [2026] FWC 1163 highlights important implications for employers, particularly in light of the increasing scrutiny on employment arrangements and the potential legal and
Independent Contractors and Employees Read More »
In Haider v 24/7 Baby 003 Pty Ltd (No 2)[2026] FedCFamC2G 497, the Court imposed significant financial penalties on both a corporate employer and its director following multiple wage underpayments and compliance breaches. Background The case followed an earlier default judgment, in which the Court found that: The employee was an international student working in a
Wage Underpayments and Record‑Keeping Failures – Recent Case Read More »
As we move through the second quarter of 2026, a number of significant employment and workplace law reforms are coming into effect at both state and federal level. Several reviews and consultation processes will also reach critical milestones during this period. Employers should be aware of these dates, and assess whether their current practices remain
Upcoming Employment Law Changes & Key Dates Read More »
Employment Law Trivia – Did you know…? 1. Poor Performance isn’t ‘Misconduct’ Under the Fair Work Act 2009 (Cth), poor performance and misconduct are treated differently. Misconduct can justify summary dismissal in serious cases, but performance issues generally require a process of feedback, support and reasonable opportunity to improve before termination is defensible. 2. Contracts
Employment Law Trivia – Part 3 Read More »
The positive duty set out in section 47C of the Sex Discrimination Act 1984 (Cth) (SDA) requires organisations to take positive steps to prevent and/or eliminate sexual and sex-based discrimination in the workplace. It therefore requires numerous systems and processes to be implemented to ensure compliance. Whether an organisation has satisfied its positive duty will be determined
Positive Duty under the Sex Discrimination Act Read More »
Changes were made to the flexible work arrangement regime under the Fair Work Act 2009 (Cth) (FW Act) in June 2023. These changes expanded employees’ rights to request flexible work arrangements and also allowed for employer refusals for flexible work to be eligible for determination by the Fair Work Commission (FWC). Prior to these changes, employees could
Flexible Work Requests Read More »
The Fair Work Act 2009 (Cth) was amended with effect from 1 January 2025 to criminalise wage theft, which extends to not paying the superannuation guarantee. As a result, superannuation entitlements for the vast majority of national system employees with have an added layer of protection afforded to them by the new criminal offence. This means that
Superannuation Guarantee – Risks arising from a failure to pay Read More »
1. Bullying isn’t just about being unpleasant Under the Fair Work Act 2009 (Cth) (the Act), bullying occurs when a worker is repeatedly subjected to unreasonable behaviour by an individual or group of individuals, and that behaviour creates a risk to health and safety. A single spat or isolated rude comment usually won’t cut it, but a pattern
Bullying – Did you know…? Read More »
The case of Hughes v Alcoa Portland Aluminium Pty Ltd [2024] FWC 37 clarified that the end of a fixed term contract is a termination, and not a dismissal under the Fair Work Act 2009 (Cth). Accordingly, the termination in this case excluded eligibility for an unfair dismissal claim. In this case, Alcoa had informed Ms Hughes that it
Fixed Term Contracts Read More »
