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.

Can an employer refuse your resignation?

Termination—by either party—is only valid if done according to the contract's termination clause and any applicable industrial instruments.

Australia Employment

HP

Hall Payne Lawyers

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

Discusses recent case where the employee brought proceedings against the employer, alleging discrimination on the basis of disability. Who won?

Australia Employment

S

Stacks Law Firm

Can You Dismiss An Employee For Looking For Another Job?

A recent FWC case has drawn attention to the legal complications that can arise when an employer discovers one of their workers is looking for another job.

Australia Employment

S

Swaab

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

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

B

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

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

S

Swaab

Unfair Dismissal Examples: Fight for Your Employment Rights

Australia Employment

JS

JB Solicitors

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

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Inside Safety Podcast Series - Episode 3, Part 1 - Director's Duties

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Michael Byrnes discusses the Westpac WFH case on 2SM with Tim Webster

Australia Employment

S

Swaab

New road rules and driving offences come into effect across Australia

Australia Transport

SC

Sydney Criminal Lawyers

Webinar: Spotting The Red Flags: Early Warnings Of Financial Distress

Australia Insolvency

FC

FTI Consulting

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

The minimum notice requirements in section 117 of the Fair Work Act do not confer a right of termination.

Australia Employment

HR

Holding Redlich

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

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

S

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

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

It is vital employers adopt strategies that minimise the risk of successful unfair dismissal claims.

Australia Employment

MO

Mellor Olsson Lawyers

Navigating workplace investigations: a quick guide for employers

Explores the investigation process, starting from appointing a suitable investigator to drawing conclusions from evidence.

Australia Employment

ML

MDC Legal

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

What To Expect In 2025: Employment Law In Australia

Last year was a significant one for employment law in Australia and we are expecting this year to be just as important, especially with the upcoming federal election.

Australia Employment

IL

Ius Laboris

Hiring and Firing Essentials for Healthcare Providers

Australia Employment

L

LegalVision

Dismissal results in $1.44 million in damages for psychiatric injury

Former employee successfully claimed damages for breach of contract to compensate his psychiatric injury.

Australia Employment

CG

Cooper Grace Ward

Safety first – employee methamphetamine use outweighs procedure fairness

Fair Work Commission has upheld the dismissal of an employee.

Australia Employment

CG

Cooper Grace Ward

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

How to navigate misconduct investigations involving mental health challenges.

Australia Employment

S

Swaab

Elisha v Vision Australia Limited [2024] HCA 50

The recent case of Elisha v Vision and important takeaways for employers.

Australia Employment

HL

HHG Legal Group

Lattouf v ABC: The Current State of Play

Australia Employment

S

Swaab

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

Australia Employment

JD

Jones Day

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

Australia Employment

RC

Rostron Carlyle Rojas

Redundancy pay and notice entitlements

Australia Employment

HP

Hall Payne Lawyers

Employers should exercise caution when dismissing during probationary period

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

S

Swaab

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

Australia Employment

HR

Holding Redlich

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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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