In late 2025, the New South Wales Local Court convicted the Department of Defence for breaching its primary duty of care under the Work Health and Safety Act 2011 (Cth) due to their failure in managing psychosocial risks. This case is an important one, not just because of who the employer was, but because of
Managing Psychosocial Risks – Recent Case Read More »
What the Woolworths and Coles underpayment cases really mean for employers Late last year, the Federal Court of Australia handed down its long-awaited decision in underpayments proceedings brought by the Fair Work Ombudsman against Woolworths and Coles. The judgments are lengthy and technical but their practical message is clear, including: 1. Salaried employees can still
Underpayments – Tips for Employers Read More »
There have been a myriad of Fair Work procedural changes following a sharp 57% rise in dismissal-related general protections claims, as observed by the Fair Work Commission (FWC). The goal? To provide faster resolutions, clearer rules, and less administrative burden for all parties. Highlights of the procedural changes: Streamlined Lodgement Smarter Conferences Better Resources Updated
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The Fair Work Commission’s decision in Stephen Keenan v Leighton Boral Amey NSW Pty Ltd is a handy decision to refer back to because it provides some important guidance for employers on the limits of responsibility for employee conduct at work-related social events, especially work Christmas parties. Mr Keenan was dismissed for inappropriate behaviour during and after
Work Christmas Parties Read More »
The Fair Work Commission (FWC) has recently handed down an important decision in Shettigara v Brimbank City Council [2025] FWC 3067, clarifying how “dual employment” interacts with unfair dismissal claims. The case involved a casual employee who worked across multiple roles for the same employer and argued that being made “inactive” in one role amounted to dismissal.
Unfair Dismissal Case: Employee who works multiple roles Read More »
There are numerous risks that decision-makers should be aware of when contemplating termination of employment. The below list sets out some of the most common risks to keep in mind, including: Let’s take a brief look at the abovementioned claims. A successful unfair dismissal claim can result in an award of compensation of up to six months’ of the
Termination of Employment – Why the process is so important Read More »
As with most legal questions, the answer to this one is, of course, ‘it depends’. In recent years we’ve seen organisations such as Deloitte, Woolworths, Telstra and Channel 10 (amongst others) make the news for allowing their employees to substitute public holidays and their entitlements for another day of their choosing. Employers are allowed to
Can you swap Public Holidays for another day? Read More »
There hasn’t been a splashy announcement this week about restraint of trade or non-compete clauses, but that doesn’t mean employers can relax because the Government has told us that changes are coming. The Albanese Government’s proposal to ban non-compete clauses for most employees is well advanced. Treasury consultation has closed, submissions are in, and the
Restraint of Trade Reform Read More »
Workplace Gender Equality Act Reporting Requirements for Employers The Workplace Gender Equality Act 2012 (Cth) (WGEA) aims to promote and improve gender equality in Australian workplaces. Under the WGEA, certain employers, referred to as ‘relevant employers’, are required to submit reports to the Workplace Gender Equality Agency (the Agency) annually. These reports are intended to
Workplace Gender Equality Read More »
If 2025 taught us anything, it’s that Australian employment law is no longer evolving at the margins. From flexible work disputes to criminal wage underpayment and tighter scrutiny of internal processes, the year marked a decisive recalibration of employer obligations, with regulators and courts signalling less tolerance for ‘good intentions’ unsupported by systems, evidence and
Employment Law Lessons learned in 2025 Read More »
