Australia: Employment Litigation/ Tribunals

Serious misconduct is often spoken about as though it were fixed and well understood. In practice, it is anything but static. While conduct such as theft, fraud and sexual harassment remain clear examples, case law shows an expanding and more nuanced approach to what may justify summary dismissal.

Recent Fair Work Commission cases reveal how artificial intelligence is undermining legal proceedings, with applicants submitting AI-generated appeals containing fabricated case citations, misapplied legal terminology, and incomprehensible arguments. The tribunal's scathing critiques highlight a growing crisis where uncritical reliance on AI wastes judicial resources and produces submissions devoid of merit.

The New South Wales Court of Appeal has delivered a significant ruling on employer liability for medical devices not included on the Commonwealth Prostheses List. When an injured worker requires reasonably necessary treatment involving unlisted prostheses, does the absence from a regulatory list automatically relieve the employer of payment obligations, or does the fundamental statutory duty to cover necessary medical treatment prevail?

The FWC has introduced new processes to accelerate general protections claims, including early intervention and shorter conciliations, shifting the focus toward faster, settlement-driven outcomes.

When a workers compensation claim for psychiatric injury is declined by an employer citing 'reasonable administrative action,' the decision can be challenged beyond the initial tribunal review.

Recent sexual harassment decisions show that aggressive defence strategies can lead to victimisation and aggravated damages.

Employers should remain consistent and vigilant in ensuring that psychological safety is kept in the workplace.

Work Commission upheld an employer's dismissal of an employee who insisted on working entirely from home.

Seeking legal advice was not the dominant purpose for commissioning the investigation and even so, the employer's conduct waived possible privilege.