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.

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

In a recent Fair Work Commission decision, an employee was awarded nearly $7,000 compensation due to errors in procedural fairness, despite the employee being found to have engaged in misconduct, including distribution of pornographic material in the workplace and driving infringements.

Australia Employment

BN

Barry Nilsson

Dismissal upheld due to medical incapacity

Where medical evidence shows an employee is unable to safely perform their job requirements, dismissal on the grounds of incapacity may be a valid reason for termination.

Australia Employment

CG

Cooper Grace Ward

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

You may have watched workplace harassment, discrimination, and retaliation trainings as part of your office's requirements...

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

S

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

Unfair dismissal claim fails after employee refuses return to office direction

Australia Employment

PP

Pointon Partners

Forced To Quit? The Hidden Cost Of Poor Investigations.

Australia Employment

CG

Clifford Gouldson Lawyers

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

Australia Employment

CO

Carroll & O'Dea

Inside IR Podcast Series - Episode 30 Psychosocial Health In Times Of Workplace Change (Video)

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Employment Relations Podcast #46 – Safety In The Workplace: Drug And Alcohol Testing And Policies

Australia Employment

PA

Piper Alderman

ADR In Personal Injury Claims: A Comparison Between The Approach In England And Wales And Queensland, Australia (Podcast)

Australia Litigation

GC

Gatehouse Chambers

Process Matters In Unfair Dismissal

Australia Employment

BN

Barry Nilsson

Employment Relations Podcast #45 – Employment Law For The Time Poor… Live!

Australia Employment

PA

Piper Alderman

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?

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

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

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

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

The Fair Work Commission upheld the dismissal of a cancer-affected employee for repeatedly ignoring lawful work-hour directions.

Australia Employment

CG

Cooper Grace Ward

Can my employer dismiss me over a social media post?

Most workplaces have Social Media policies, outlining expectations for online behaviour - both during and outside of work hours.

Australia Employment

JH

Jewell Hancock

Workplace relationships: The legal position (Coldplay concert edition)

Workplace relationships aren't banned, but conflicts of interest must be disclosed—especially where power dynamics or secrecy exist.

Australia Employment

S

Swaab

Unfair Dismissal Examples: Fight for Your Employment Rights

Australia Employment

JS

JB Solicitors

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

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

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

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

Safety first – employee methamphetamine use outweighs procedure fairness

Australia Employment

CG

Cooper Grace Ward

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

Australia Employment

S

Swaab

Elisha v Vision Australia Limited [2024] HCA 50

Australia Employment

HL

HHG Legal Group

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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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