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.

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?

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?

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

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

Insights Into Property And Debt Market

Australia Real Estate

CP

Cathro & Partners

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

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

It Depends – What Is Happening With Division 296? (Tax On Large Superannuation Balances)

CG

Cooper Grace Ward

ESSENTIAL ESG SPECIAL EDITION - Responsible AI Governance: Emerging Legal Risks And Regulatory Trends

Australia Technology

CC

Corrs Chambers Westgarth

Employing Work And Holiday Makers Beyond Six Months | Staying Compliant

Australia Immigration

IL

Interstaff Immigration Agency

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

As an employee, you should know your rights and when to know the signs of unfair dismissal.

Australia Employment

JS

JB Solicitors

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?

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

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

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

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

S

Swaab

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

A range of factors are important in assessing whether you will be successful in an unfair dismissal claim.

Australia Employment

CO

Carroll & O'Dea

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

Australia Employment

ML

MDC Legal

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

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

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

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

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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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