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.

Avoiding Unfair Dismissal In Schools: When Does Teacher Discipline Cross The Line?

Two recent Fair Work Commission decisions clarify the boundaries of acceptable teacher conduct when disciplining students, with one dismissal upheld for physical contact and another overturned as unfair. These cases provide crucial guidance for schools navigating staff discipline while managing unfair dismissal risks.

Australia Employment

CG

Cooper Grace Ward

Fair Work And Immigration Compliance: The Overlap Every Employer Should Understand

Most employers do not create immigration risk at the visa application stage. They create it through ordinary workplace decisions. Pay, roster, deductions, duty changes, and termination.

Australia Employment

RM

Roam Migration Law

How To Deal With Key Jamming: Legal Advice For Employers

Employers can dismiss employees for key jamming if clear remote work policies exist, a thorough investigation is conducted, and a fair disciplinary process is followed.

Australia Employment

L

LegalVision

Junior Rates Of Pay Set For Major Change

In what is already being described as a landmark decision, a Full Bench of the Fair Work Commission has issued a provisional view that junior rates of pay should be phased out for employees aged 18 years and over.

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Process Matters In Unfair Dismissal

Australia Employment

BN

Barry Nilsson

Dismissal upheld due to medical incapacity

Australia Employment

CG

Cooper Grace Ward

So You Think Your Employer May Have Unlawfully Discriminated Against or Fired You – What to Do Next

Australia Employment

SH

Sanford Heisler Sharp McKnight

Managing employee terminations legally: A step-by-step process for employers

Australia Employment

WT

Watkins Tapsell

Defending Unfair Dismissal Claims: A Guide for NSW Employers

Australia Employment

WT

Watkins Tapsell

Removal from WhatsApp groups used for rostering can amount to dismissal

Australia About Mondaq

GC

Gilchrist Connell

Kyle and Jackie O: The workplace relations law perspective

Australia About Mondaq

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Swaab

Employees beware of the side hustle

Australia Employment

PP

Pointon Partners

High Court rules unfairly sacked worker entitled to damages for psychiatric injury

Australia Employment

A

Avant Law

Not acceptable in any workplace": The Fair Work Commission condemns a worker's "egregious" sexual remarks over two-way radio

Australia Employment

PA

Piper Alderman

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

Australia Commercial

CC

Corrs Chambers Westgarth

What Changed For The Subclass 485 Visa In 2026?

Australia Immigration

RM

Roam Migration Law

Australia Bans Entry For Iranian Visitor Visa Holders For Six Months

Australia Immigration

IL

Interstaff Immigration Agency

Australia: Inside Safety Podcast Series - Episode 5 - The Cost Of Reputation (Podcast)

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Enhancing Workforce Strategy With Regional Visa Programs

Australia Immigration

IL

Interstaff Immigration Agency

Unfair dismissal claim fails after employee refuses return to office direction

Recent decision confirms employers can lawfully require workplace attendance & refusal may justify dismissal.

Australia Employment

PP

Pointon Partners

Forced To Quit? The Hidden Cost Of Poor Investigations.

This decision is a timely reminder for employers to properly manage workplace complaints, particularly around bullying and harassment.

Australia Employment

CG

Clifford Gouldson Lawyers

Reforms To The General Protections Dismissal Process And Other Processes Of The Fair Work Commission

The reforms to the management of general protections dismissal applications represent a shift in the Commission's approach to one of its fastest-growing jurisdictions.

Australia Employment

CO

Carroll & O'Dea

Clarifying misconceptions of abandonment of employment

Explains the concept of abandonment of employment. Recent case example.

Australia Employment

BP

Bartier Perry

Can an employer refuse your resignation?

Australia Employment

HP

Hall Payne Lawyers

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

Australia Employment

S

Stacks Law Firm

Can You Dismiss An Employee For Looking For Another Job?

Australia Employment

S

Swaab

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

Australia Employment

BP

Bartier Perry

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

Australia Employment

PA

Piper Alderman

Case Update: $150k Penalty For The ABC

Australia Employment

JH

Jewell Hancock

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

Australia Employment

BN

Barry Nilsson

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

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

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

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

BN

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

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

Australia Employment

MO

Mellor Olsson Lawyers

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

Australia Employment

CG

Cooper Grace Ward

Dismissal for dissent?

Recent case guides the extent to which employees can "dissent" from the employer on matters that are the subject of political debate.

Australia Employment

S

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

Major changes will come into effect for workers and employers, including an increase to the unfair dismissal threshold.

Australia Employment

S

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

Michael Byrnes is quoted in HR leader article. The ABC could be set to pay "significant penalties".

Australia Employment

S

Swaab

Federal Court rules on significant unlawful termination case

A significant decision examining the protection from dismissal due to a person's political opinion.

Australia Employment

GC

Gilchrist Connell

Important Workplace Relations Changes Effective 1 July 2025

Australia Employment

S

Swaab

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

Choose Your Own Respondent in General Protections Dismissal Disputes

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

Dismissal results in $1.44 million in damages for psychiatric injury

Australia Employment

CG

Cooper Grace Ward

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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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