Australia: Unfair/ Wrongful Dismissal

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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.

Case Update: $150k Penalty For The ABC

The judgment is a reminder that political opinion is a protected attribute; dismissals, even if partly connected to political opinion, are unlawful.

Australia Employment

JH

Jewell Hancock

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

The decision provides important guidance on how employers must approach redundancy decisions.

Australia Employment

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Barry Nilsson

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

This case further emphasises how broadly adverse action and workplace rights can be defined under the FWA.

Australia Employment

CG

Cooper Grace Ward

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

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

Australia Employment

MO

Mellor Olsson Lawyers

Dismissal upheld: employee breaches employer's directions while recovering from illness

Australia Employment

CG

Cooper Grace Ward

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

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Swaab

Unfair Dismissal Examples: Fight for Your Employment Rights

Australia Employment

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JB Solicitors

No clause, no comfort: Court reinforces implied notice obligations for employers

Australia Employment

HR

Holding Redlich

Dismissal for dissent?

Australia Employment

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Swaab

Michael Byrnes quoted in the article, "‘Creeping' unfair dismissal threshold will increase to $183k on 1 July", published in HR Leader on 27 June 2025

Australia Employment

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Swaab

Michael Byrnes is quoted in the article, "ABC may face ‘significant penalties' after ‘cancel culture' sacking ruled unlawful", published in HR Leader on 26 June 2025

Australia Employment

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Swaab

Federal Court rules on significant unlawful termination case

Australia Employment

GC

Gilchrist Connell

Crypto In The Courts – ASIC v Finder Update

Australia Technology

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K&L Gates LLP

Demystifying Australia's National Anti-Corruption Commission (Video)

Australia Criminal

AM

Alvarez & Marsal

Inside IR Podcast Series - Episode 29 Gender-based Undervaluation And Its Impact On Modern Award Rates Of Pay (Video)

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

AI For Better Insurance

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

Inside Safety Podcast Series - Episode 2 Spotlight On Silica – Recent Developments And Trends

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Important Workplace Relations Changes Effective 1 July 2025

Employers and employees alike should be aware of important changes in the workplace relations arena.

Australia Employment

S

Swaab

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

Choose Your Own Respondent in General Protections Dismissal Disputes

Civmec Construction & Engineering Pty Ltd v Joel Minchin[2025] FWCFB 2.

Australia Employment

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Swaab

I've just been terminated: Should I lodge an unfair dismissal application?

Australia Employment

CO

Carroll & O'Dea

How to Minimise Unfair Dismissal Claims: What Employers Need to Know

Australia Employment

MO

Mellor Olsson Lawyers

Navigating workplace investigations: a quick guide for employers

Australia Employment

ML

MDC Legal

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

Australia Employment

HW

Holman Webb Lawyers

What To Expect In 2025: Employment Law In Australia

Australia Employment

IL

Ius Laboris

Hiring and Firing Essentials for Healthcare Providers

Australia Employment

L

LegalVision

Failure to attend independent medical examination justified dismissal

Australia Employment

GC

Gilchrist Connell

Fair Work Commission sets bar high for policy changes

Australia Employment

S

Swaab

Procedural pitfalls during termination process give rise to successful unfair dismissal claim

Australia Employment

CG

Cooper Grace Ward

Elisha v Vision Australia Limited 2024

Australia Employment

CG

Coleman Greig Lawyers

Failure to attend independent medical examination justified dismissal

The employment tribunal dismissed an application for unfair dismissal after an employee failed to attend a medical examination.

Australia Employment

GC

Gilchrist Connell

Fair Work Commission sets bar high for policy changes

In recent case, FWC set the bar high for employers wanting to rely upon policies, or changes to policies, to terminate employment.

Australia Employment

S

Swaab

Procedural pitfalls during termination process give rise to successful unfair dismissal claim

Recent case serves as a timely reminder for employers to exercise caution when dismissing an employee.

Australia Employment

CG

Cooper Grace Ward

Elisha v Vision Australia Limited 2024

Recent case provides a useful reminder about the importance of following due process when dismissing an employee.

Australia Employment

CG

Coleman Greig Lawyers

Dismissal results in $1.44 million in damages for psychiatric injury

Australia Employment

CG

Cooper Grace Ward

Recent Amendments To Australia's Fair Work Act Impact Whether Independent Contractors Are Deemed "Employees"

Amendments to the Fair Work Act 2009 (Cth) ("FW Act") that took effect on 26 August 2024 introduced new definitions of "employee" and "employer".

Australia Employment

JD

Jones Day

Termination of contract of employment: Can it lead to damages for psychiatric injury?

New avenue of damages for aggrieved employees where their employment has been wrongly terminated.

Australia Employment

RC

Rostron Carlyle Rojas

Redundancy pay and notice entitlements

A genuine redundancy occurs when an employee's employment is terminated at the employer's initiative because the employer no longer requires that job to be done by anyone.

Australia Employment

HP

Hall Payne Lawyers

Employers should exercise caution when dismissing during probationary period

Warning to employers to consider the importance of timing if dismissing an employee during probation.

Australia Employment

CG

Coleman Greig Lawyers

Rooster or Duck? Navigating the Feather-Ruffling Confusion of Employee vs. Independent Contractor

Australia Employment

MF

Matthews Folbigg Lawyers

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

Secretly recording your bad boss, 2GB and 4BC John Stanley Interview with Michael Byrnes

Australia Employment

S

Swaab

Secret recording by employees: An own goal

Australia Employment

S

Swaab

Church employee unfairly dismissed for getting COVID vaccine

Australia Employment

HP

Hall Payne Lawyers

Unfair Contract Terms: New Avenues for Independent Contractors to Pursue Claims

Australia Employment

PP

Pointon Partners

Probationary dismissals still valid

Australia Employment

BP

Bartier Perry

The evolving employment relationship: key changes employers need to know

Australia Employment

WB

Walter Baden

The Effective End of Probationary Periods?

Australia Employment

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Swaab

NSW Government Bulletin: Can a labour hire worker claim an unfair dismissal?

Australia Employment

HR

Holding Redlich

Protecting the complainant v proving the case: A difficult balance

Australia Employment

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Swaab

The process of unfair dismissal claims in the Fair Work Commission

Australia Employment

HP

Hall Payne Lawyers

New Deal Talking Points: New Details Emerge On Labour's Right To Switch Off

Worldwide Employment

LS

Lewis Silkin

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

Australia Employment

KG

K&L Gates LLP

Forthcoming Law To Protect Workers From Exploitation And Create New Compliance Responsibilities For Employers

Australia Immigration

F

Fragomen

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Latest Videos

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It Depends – Can an employee be dismissed for outside of work conduct?

CG

Cooper Grace Ward

[Podcast] Hot Legal Topics - Episode 1: Employment law

RM

Roam Migration Law

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