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.

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

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

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

482 Visa Processing Times | Delays In Government Processing

Australia Immigration

IL

Interstaff Immigration Agency

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

Australia Criminal

AM

Alvarez & Marsal

Tax Bites: Australian Tax Podcast Series

KL

Herbert Smith Freehills Kramer LLP

Block earner triumphs in ASIC appeal

Australia Technology

PA

Piper Alderman

What Does Labor's Landslide Mean For Employment Law In Australia? (Video)

Australia Employment

IL

Ius Laboris

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

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

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

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

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

Updated Fair Work Act 2009 (FW Act) through the enactment of the Closing Loopholes Legislation.

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

In case of Power v Lyndons Pty Ltd, the words used were not only grossly offensive but constituted sexual harassment.

Australia Employment

CO

Carroll & O'Dea

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

Secretly recording by employees in the workplace.

Australia Employment

S

Swaab

Secret recording by employees: An own goal

Secretly recording colleagues can prove fatal to an unfair dismissal application.

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

Protecting the complainant v proving the case: A difficult balance

Australia Employment

S

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

Unfair dismissal provisions: Increase in high income threshold

Australia Employment

PP

Pointon Partners

Labour and Employment Comparative Guide

Australia Employment

VY

Vincent Young

When ‘I quit' doesn't mean ‘I quit'

Australia Employment

GC

Gilchrist Connell

Advice needed before employee dismissals

Australia Employment

MO

Mellor Olsson Lawyers

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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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