Australia: Employment Litigation/ Tribunals

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.

TWU v Qantas – Unions As "Private Regulators" And The Increasing Financial Risk Associated With Employment Laws

In a case arising from Qantas's 2020 outsourcing of ground-handling services, the Court imposed a record $90 million penalty for adverse-action breaches. Notably, $50 million of this penalty...

Australia Employment

KW

King & Wood Mallesons

Supermarket Giants Vs Fair Work Ombudsman: Employer Takeaways From Landmark Federal Court Decision

This case provides a number of key considerations and implications for employers across Australia.

Australia Employment

B

Barry Nilsson

Landmark Federal Court decision raises the bar on salary set-offs and record-keeping: what employers need to know

This decision is a timely reminder that compliance with the FW Act and Modern Awards is not optional or negotiable.

Australia Employment

WB

Walter Baden

"By poaching our clients after he left, he breached the restraint clause in his employment contract" – which case won?

Restraint of trade clauses are often included by employers to protect their client relationships should an employee leave and start up work in competition.

Australia Employment

S

Stacks Law Firm

No employment, No liability: The NSWCA on foster carers and vicarious responsibility

Australia Employment

GC

Gilchrist Connell

Use of AI criticised by FWC

Australia Employment

S

Swaab

Twist of fate: A painful lesson in liability

Australia Employment

B

Barry Nilsson

Safety-net Changes For Degree-qualified Workers: When Something You Didn't Know About Can Hurt You

Australia Employment

PA

Piper Alderman

What International Employers Should Know About The High Court Of Australia's Decision On Searching For Redeployment Options In Redundancy

Australia Employment

SS

Seyfarth Shaw LLP

Receiving a WorkCover Notice of Assessment – Queensland

Australia Employment

HP

Hall Payne Lawyers

FWC says fighting in the workplace can be justified

Australia Employment

K

Kennedys

Inside Employment Podcast Series - Investigations, Part 1 - What's The Fuss With Whistleblowing Investigations? (Video)

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Employment law, litigation: High Court expands scope for damages in termination cases: Elisha v Vision Australia Ltd

Australia Employment

MD

McCarthy Durie Lawyers

Exposure to toxic chemicals increases cancer risk for firefighters

Australia Employment

S

Stacks Law Firm

Can Wills Be Contested by Family and Friends?

Australia Family

JS

JB Solicitors

Skilled Visa Salary Thresholds To Increase To 4.6% From 1 July 2025

Australia Immigration

IL

Interstaff Immigration Agency

Can Artificial Intelligence Improve Planning And Environmental Decision Making?

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

Blockchain Bites: NASDAQ Bets On Blockchain With Tokenised Stocks And ETFs; ASIC Mints Regulatory Relief For AFSL Licensed Stablecoins; Binance Nears Agreement To End US Monitorship

Australia Technology

PA

Piper Alderman

AS4000:2025 – What is all the fuss about?

Australia Real Estate

S

Swaab

Employers Beware – $100,000 Fine for Failing to Ensure Safe and Appropriate Workplace

Employers have an active duty to their employees to ensure a safe work environment and the significant financial penalties and reputational risk if they fail to comply.

Australia Employment

PP

Pointon Partners

Workplace relations changes effective 1 July 2025

Fair Work Commission (FWC) has released their annual update for workplace and employment law.

Australia Employment

CG

Coleman Greig Lawyers

Employment Relations Podcast #44 – When is the deal done? Resolving employment disputes

This article explains when a settlement agreement is binding, what common "settlement" phrases mean and how they may impact the enforceability (or not) of a settlement proposal.

Australia Employment

PA

Piper Alderman

It is not secret anymore: secret recordings in an employment context

Laws dealing with secret recordings. Examines recent FWC decision that dealt with the admissibility of a secret recording as evidence.

Australia Employment

BP

Bartier Perry

From final warning to Fair Work Commission – the risks of internal investigations for employee misconduct

Australia Employment

CG

Cooper Grace Ward

A guide to Independent Medical Examinations (IMEs) in workers' compensation claims Queensland

Australia Litigation

HP

Hall Payne Lawyers

Self-represented individuals beware: The risk of using AI for your employment law claim including show cause responses, unfair dismissals and other claims

Australia Employment

CO

Carroll & O'Dea

Over $400,000 in compensation and penalties ordered against employer for unlawful adverse action

Australia Employment

PP

Pointon Partners

Tax Ruling Confirms Employee Classification For Superannuation Purposes

Australia Employment

HR

Holding Redlich

Key Updates: Employment Law Wrap-Up

Australia Employment

A

Avant Law

Michael Byrnes is quoted in the article, "Proposed non-compete ban could backfire on workers, firm warns", published in Lawyers Weekly on 20 May 2025

Australia Employment

S

Swaab

Steps to take after a workplace injury in Queensland

Australia Employment

HP

Hall Payne Lawyers

Reasonable Business Grounds are not enough to refuse a flexible work request

Australia Employment

CO

Carroll & O'Dea

Proposed workers compensation changes: a harsh shift for legitimately injured workers in NSW

Australia Employment

CO

Carroll & O'Dea

Michael Byrnes is quoted in the article, "Proposed non-compete ban could backfire on workers, firm warns", published in Lawyers Weekly on 20 May 2025

"Proposed non-compete ban could backfire on workers, firm warns"

Australia Employment

S

Swaab

Steps to take after a workplace injury in Queensland

It is important to be aware of your workers' compensation rights & entitlements.

Australia Employment

HP

Hall Payne Lawyers

Reasonable Business Grounds are not enough to refuse a flexible work request

Recent case highlights the importance of carefully preparing detailed written reasons for refusing a flexible work arrangement request.

Australia Employment

CO

Carroll & O'Dea

Proposed workers compensation changes: a harsh shift for legitimately injured workers in NSW

Proposed reforms would make it extraordinarily difficult for genuinely injured workers to obtain the support they need, at precisely the time they need it most.

Australia Employment

CO

Carroll & O'Dea

Holding the Reins: Employer Responsible for Aggravated Psychological Condition

Australia Employment

CO

Carroll & O'Dea

Sexual Harassment At Work And The Use Of Non-disclosure Agreements

Sexual harassment is prohibited by the Sex Discrimination Act 1984 (Cth) and the Fair Work Act 2009.

Australia Employment

HP

Hall Payne Lawyers

Navigating workplace investigations: a quick guide for employers

Explores the investigation process, starting from appointing a suitable investigator to drawing conclusions from evidence.

Australia Employment

ML

MDC Legal

Is an employee's secret recording of a workplace conversation a valid reason for dismissal?

An employee's covert recording of a workplace conversation created a valid reason for dismissal.

Australia Employment

HW

Holman Webb Lawyers

Unravelling the Mind: The Impact of Pre-Existing and Secondary Psychological Injuries on WPI assessments

Matheson v Baptistcare [2025] NSWSC 213.

Australia Employment

M

McCabes

Tasmanian case confirmed an insurer is liable to cover weekly payments where a late medical certificate of capacity has been provided

Australia Employment

CO

Carroll & O'Dea

Case summary: Workers Compensation Nominal Insurer v Sako [2025] NSWCA 12 – the uninsured liability scheme and dust disease claims

Australia Employment

CO

Carroll & O'Dea

Adaptation is more than work history

Australia Employment

M

McCabes

Tasmanian worker's compensation win – administrative action was not reasonable nor taken in a reasonable manner

Australia Employment

HP

Hall Payne Lawyers

Employees on workers' compensation leave are not eligible for anti-bullying protections

Australia Employment

CG

Cooper Grace Ward

Challenging a Section 11A Defence in your workers compensation claim

Australia Employment

CO

Carroll & O'Dea

Dismissal results in $1.44 million in damages for psychiatric injury

Australia Employment

CG

Cooper Grace Ward

Increased pressure on nurses leads to back injury, rotator cuff injury and tendonitis

Australia Employment

S

Stacks Law Firm

Michael Byrnes appeared on Breakfast with Ron Wilson on 3 February 2024 on 2SM to discuss the employment law issues arising from employees appearing on reality TV shows

Australia Employment

S

Swaab

When workplace policies become enforceable legal obligations with significant risk: Lessons from the High Court's decision in Elisha v Vision Australia

Australia Employment

PA

Piper Alderman

Termination of Employment – Getting It Right the First Time

Australia Employment

RC

Rostron Carlyle Rojas

Elisha v Vision Australia Limited [2024] HCA 50

Australia Employment

HL

HHG Legal Group

"Tick And Flick" Gets The Kick: FWC Calls For Proactive Workplace Policy Engagements

Australia Employment

HR

Holding Redlich

Rejected workers compensation claims in Queensland

Australia Employment

HP

Hall Payne Lawyers

Conflicted Remuneration definition changes – benefits given by clients are now easier to receive

Australia Employment

SG

Sophie Grace Pty Ltd

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Latest Videos

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Inside Employment Podcast Series - Investigations, Part 1 - What's The Fuss With Whistleblowing Investigations? (Video)

KL

Herbert Smith Freehills Kramer LLP

Federal Election Podcast And Video Series: Workplace Reforms

HS

Herbert Smith Freehills Kramer LLP

Article 1 – Who is WIRO (WorkCover Independent Review Officer) and how do they help injured workers?

CO

Carroll & O'Dea

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