Australia: Redundancy/Layoff

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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.

Redundancy payments and early termination payments should not be included in PAWE

The decision clarifies that "earnings" only refers to income paid for a claimant's work or services, excluding payments for redundancy or lack of notice.

Australia Employment

M

McCabes

Dismissed by ChatGPT: The decent thing to do?

When adopting the use of AI software, employers must be vigilant in reviewing all content of any AI-drafted correspondence.

Australia Employment

CG

Clifford Gouldson Lawyers

Cause And Consequence: Show Cause Letters In The Landscape Of The Workplace

Case underscores how procedural missteps or perceptions of unfair treatment during disciplinary processes can trigger or exacerbate psychological injury claims.

Australia Employment

BP

Bartier Perry

Redundancy Under Scrutiny: High Court Sets New Standards

The Court has confirmed that employers must adopt a broader and more practical view of redeployment opportunities before concluding that a dismissal amounts to a "genuine redundancy".

Australia Employment

ML

MDC Legal

Uber Driver To Be Paid "Lost Pay" Following Unfair Deactivation

Australia Employment

PA

Piper Alderman

Redundancy rules reconsidered: Landmark High Court ruling on redeployment

Australia Employment

GC

Gilchrist Connell

SafeWork NSW and the High Court are reshaping redundancy. Are you ready?

Australia Employment

M

McCabes

Employees over contractors: the redeployment preference?

Australia Employment

BP

Bartier Perry

Employment Law In Australia - An Overview

Australia Employment

LS

Lewis Silkin

High Court clarifies scope of genuine redundancy under the Fair Work Act

Australia Employment

B

Barry Nilsson

Federal Court delivers historic $90 million fine to Qantas for 1,820 illegal dismissals

Australia Employment

CG

Cooper Grace Ward

High Court redundancy ruling allows FWC to question if all possible redeployment options have been considered

Australia Employment

K

Kennedys

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

Major rethinking on redundancy: High Court clarifies redeployment obligations for ‘genuine redundancy'

Australia Employment

CG

Cooper Grace Ward

David Gonski AC On AI And Inclusion (Video)

Australia Technology

AM

Alvarez & Marsal

ESSENTIAL ESG SPECIAL EDITION - Responsible AI Governance: Emerging Legal Risks And Regulatory Trends

Australia Technology

CC

Corrs Chambers Westgarth

Essential ESG: Episode 25 – Operating Responsibly In Conflict-affected Areas: The Role Of Grievance Mechanisms

Australia Commercial

CC

Corrs Chambers Westgarth

"I had cancer and they sacked me. That's disability discrimination". Which case won?

Australia Employment

S

Stacks Law Firm

UPCOMING WEBINAR: Think Before You Ink - What To Review Before Signing Business Contracts

Australia Commercial

L

LegalVision

Dismissal Decisions And Mental Health Issues – What Do You Need To Be Aware Of As An Employer?

Dismissal decisions can also become particularly sensitive where the employee concerned is also dealing with mental health issues.

Australia Employment

PP

Pointon Partners

High Court ruling reshapes redundancy considerations for employers

Redeployment opportunities in the context of redundancy are not only confined to vacant roles.

Australia Employment

HR

Holding Redlich

Employee Awarded $305k In Record Sexual Harassment Payout

The importance of taking proactive measures to prevent harassment from taking place.

Australia Employment

S

Swaab

High Court raises the bar on genuine redundancy: Implications of Helensburgh Coal v Bartley & Ors

HC ruled employers' redeployment duties may include replacing contractors with employees, broadening "genuine redundancy" limits.

Australia Employment

MO

Mellor Olsson Lawyers

Federal Court confirms reasonable notice term may be implied into employment contracts

Australia Employment

PA

Piper Alderman

FWC says fighting in the workplace can be justified

Australia Employment

K

Kennedys

7 Common Questions About Workplace Relationships

Australia Employment

S

Swaab

Can my employer dismiss me over a social media post?

Australia Employment

JH

Jewell Hancock

Workplace relationships: The legal position (Coldplay concert edition)

Australia Employment

S

Swaab

Michael Byrnes appeared on ABC News Radio on 21 July 2025 to discuss the issue of workplace relationships and that Coldplay concert

Australia Employment

S

Swaab

Rethinking Redeployment In The Work-From-Home Era

Australia Employment

IL

Ius Laboris

Medical examinations and lawful directions reaffirmed: when non-compliance constitutes serious misconduct

Australia Employment

CG

Cooper Grace Ward

Nurse awarded $350,000 in compensation plus penalties following successful adverse action and discrimination claims

Australia Employment

CG

Cooper Grace Ward

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

Australia Employment

CG

Cooper Grace Ward

Rethinking Redeployment In The Work-From-Home Era

As flexible and remote working become a fixture of modern working life, employers are grappling with how these arrangements affect redundancy and the consideration of other acceptable employment.

Australia Employment

IL

Ius Laboris

Medical examinations and lawful directions reaffirmed: when non-compliance constitutes serious misconduct

Ability of employers to direct employees to undergo medical examinations and clarifies when employee refusal can amount to serious misconduct.

Australia Employment

CG

Cooper Grace Ward

Nurse awarded $350,000 in compensation plus penalties following successful adverse action and discrimination claims

The case reinforces the critical importance of procedural fairness and of understanding protected attributes and workplace rights during disciplinary and termination processes.

Australia Employment

CG

Cooper Grace Ward

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

Murphy v Xavier College Limited [2025] FWC 1284

Australia Employment

CG

Cooper Grace Ward

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

Australia Employment

HW

Holman Webb Lawyers

Termination of Employment – Getting It Right the First Time

Elisha v Vision Australia concerned the award of significant damages against the employer for a "sham" termination.

Australia Employment

RC

Rostron Carlyle Rojas

A Shake-Up of an Old Rule: Damages for Psychiatric Injury for Terminating an Employee's Employment

If you intend to terminate an employee's employment, ensure the termination follows any contractual provisions.

Australia Employment

ML

MDC Legal

A new era – botched disciplinary and dismissal processes can give rise to psychological injury claims says the High Court of Australia

Employers can be liable for contractual damages if an employee suffers psychiatric harm when disciplined or dismissed.

Australia Employment

BP

Bartier Perry

Can I Dismiss Employees Whose Jobs Have Been Replaced by AI?

Employers can make employees redundant if their roles are replaced by AI or automation.

Australia Employment

L

LegalVision

Case summary: Warren Power v Lyndons Pty Ltd T/A Lyndons [2023] FWC 1060 (5 May 2023) – Unsuccessful unfair dismissal claim due to harassment

Australia Employment

CO

Carroll & O'Dea

When is alternative employment suitable? Commission considers the scope of section 120

Australia Employment

PA

Piper Alderman

Is it reasonable to redeploy employees to roles occupied by contractors?

Australia Employment

HW

Holman Webb Lawyers

What Employers need to know about Closing Loopholes – More changes to Australia's workplace laws (Part 1)

Australia Employment

CO

Carroll & O'Dea

Two birds, one RTO: Are return-to-office mandates ‘dismissals in disguise'?

Australia Employment

S

Swaab

The importance of getting redundancies right

Australia Employment

BP

Bartier Perry

Loopholes Laws Open For Business: Are You Ready For 26 August 2024?

Australia Employment

KG

K&L Gates LLP

Labour and Employment Comparative Guide

Australia Employment

VY

Vincent Young

Can employees be dismissed for their conduct outside of work hours?

Australia Employment

HP

Hall Payne Lawyers

Restructuring: The risks of overlooking redeployment opportunities

Australia Employment

HR

Holding Redlich

Closing a gap in redundancy rights for workers in insolvent businesses

Australia Insolvency

W

Worrells

Closing Loopholes – Act 1

Australia Employment

HL

HHG Legal Group

Closing loopholes as we close out 2023

Australia Employment

CG

Clifford Gouldson Lawyers

Closing Loopholes Bill passes House of Representatives

Australia Employment

HW

Holman Webb Lawyers

Fair Work (Closing Loopholes) Bill: What you need to know

Australia Employment

CG

Coleman Greig Lawyers

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