Australia: Redundancy/Layoff

Subscribe

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.

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

On 6 August 2025, the High Court of Australia handed down the landmark decision in Helensburgh Coal Pty Ltd v Bartley [2025] HCA 29, reshaping the risk environment for global employers who make redundancies in their businesses in Australia.

Australia Employment

SS

Seyfarth Shaw LLP

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

Recent HC decision held employers must consider redeployment, including replacing contractors, before making redundancies.

Australia Employment

CG

Cooper Grace Ward

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

Australia Employment

S

Swaab

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

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

It depends – Should my superannuation death benefit be paid to my estate, to be dealt with under my Will?

Australia Family

CG

Cooper Grace Ward

It depends – Trust vesting

Australia Commercial

CG

Cooper Grace Ward

Visa Rules When Changing Employer Sponsors

Australia Immigration

IL

Interstaff Immigration Agency

Tax Bites: Australian Tax Podcast Series

KL

Herbert Smith Freehills Kramer LLP

Immigration And Australian Federal Election Campaign Promises

Australia Immigration

IL

Interstaff Immigration Agency

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?

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

Australia Employment

HW

Holman Webb Lawyers

Hiring and Firing Essentials for Healthcare Providers

Ensure your hiring and firing processes in healthcare comply with both regulatory standards and employment laws.

Australia Employment

L

LegalVision

Adaptation is more than work history

Australia Employment

M

McCabes

Michael Byrnes is quoted in the article, "How to navigate misconduct investigations involving mental health challenges".

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

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

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

Australia Employment

BP

Bartier Perry

Can I Dismiss Employees Whose Jobs Have Been Replaced by AI?

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

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

In case of Power v Lyndons Pty Ltd, the words used were not only grossly offensive but constituted sexual harassment.

Australia Employment

CO

Carroll & O'Dea

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

When undertaking a redundancy process & considering a s120 application, "other acceptable employment" does not mean any job offer.

Australia Employment

PA

Piper Alderman

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

Recent decision suggests there does not need to be a vacant position for redeployment to be 'reasonable in all the circumstances'.

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

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

Looks at circumstances where an employee's 'out of hours conduct' can constitute grounds for disciplinary action.

Australia Employment

HP

Hall Payne Lawyers

Restructuring: The risks of overlooking redeployment opportunities

Employers must consider reasonable redeployment opportunities when effecting redundancies.

Australia Employment

HR

Holding Redlich

Closing a gap in redundancy rights for workers in insolvent businesses

Discusses the changes made by the FWLA (Closing Loopholes) Act 2023.

Australia Insolvency

W

Worrells

Closing Loopholes – Act 1

The Fair Work bill (of the same name) is in two parts, to allow the less controversial proposals to be passed first.

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

Looking To Cut Costs? Who You Gonna Call?

Australia Employment

SS

Seyfarth Shaw LLP

Don't assume: Redeployment options in redundancies

Australia Employment

HR

Holding Redlich

Michael Byrnes is quoted in the article Legal implications and lessons from Network Ten v van Onselen, published in Lawyers Weekly on 3 August 2023

Australia Employment

S

Swaab

What happens when a fixed-term contract is terminated early?

Australia Employment

JH

Jewell Hancock

Redundancy - the cost of getting it wrong

Australia Employment

BP

Bartier Perry

The pitfalls of implementing redundancies

Australia Employment

P+

People + Culture Strategies

Recent unfair dismissal case shines light on requirements for 'genuine redundancy'

Australia Employment

CG

Cooper Grace Ward

Failure to redeploy overseas decisive

Australia Employment

GC

Gilchrist Connell

Federal Court clarifies when payments in lieu of notice must be delivered to parting employees

Australia Employment

CG

Cooper Grace Ward

Michael Byrnes is quoted in the article, 'Workplace partners 'inundated' with huge uptick in work', published in Lawyers Weekly on 15 March 2023

Australia Employment

S

Swaab

Organisations cutting staff: A reminder of genuine redundancy obligations

Australia Employment

P+

People + Culture Strategies

Genuine redundancy

Australia Employment

JS

JB Solicitors

See more

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More