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 […]
Fair Work Procedural Changes Read More »
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 »
Unfair Dismissal – You can lawfully dismiss an employee and still lose an unfair dismissal claim A valid reason isn’t enough to defend a claim in the Fair Work Commission. If the process is rushed, undocumented, or denies procedural fairness, the Commission can still find that the dismissal was harsh, unjust or unreasonable. Probation –
Did you know… unfair dismissal, probation, redundancy and more. Read More »
Representations vs Warranties when hiring You’re recruiting for a key role. During interviews and negotiations, the candidate makes statements about their qualifications, experience, licences, ability to work certain hours, or eligibility to work in Australia. You rely on those statements when deciding to offer them the job. Fast forward a few months and it turns
If It Matters, Put It in the Contract: Representations vs Warranties in Hiring Read More »
