Australia: Employment Litigation/ Tribunals

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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.

Flexible Work Arrangements: Process And Evidence Matter – Chandler V Westpac Explained

Fair Work Commission clarifies the obligations of employers when responding to employee requests for flexible work arrangements under the Fair Work Act 2009 (Cth).

Australia Employment

BP

Bartier Perry

Workers' compensation claims due to asbestosis - NSW

Discusses the types of diseases that can lead to asbestosis & eligibility for workers' compensation due to asbestos exposure & compensation available.

Australia Employment

HP

Hall Payne Lawyers

When (and how) obesity can be a compensable injury in NSW workers compensation — and what that means for WPI

The Personal Injury Commission consistently accept that clinically supported post-injury weight gain/obesity can be a compensable consequential condition.

Australia Employment

CO

Carroll & O'Dea

TWU v Qantas – Unions As "Private Regulators" And The Increasing Financial Risk Associated With Employment Laws

In a case arising from Qantas's 2020 outsourcing of ground-handling services, the Court imposed a record $90 million penalty for adverse-action breaches. Notably, $50 million of this penalty...

Australia Employment

KW

King & Wood Mallesons

Supermarket Giants Vs Fair Work Ombudsman: Employer Takeaways From Landmark Federal Court Decision

Australia Employment

B

Barry Nilsson

Landmark Federal Court decision raises the bar on salary set-offs and record-keeping: what employers need to know

Australia Employment

WB

Walter Baden

"By poaching our clients after he left, he breached the restraint clause in his employment contract" – which case won?

Australia Employment

S

Stacks Law Firm

No employment, No liability: The NSWCA on foster carers and vicarious responsibility

Australia Employment

GC

Gilchrist Connell

Use of AI criticised by FWC

Australia Employment

S

Swaab

Twist of fate: A painful lesson in liability

Australia Employment

B

Barry Nilsson

Safety-net Changes For Degree-qualified Workers: When Something You Didn't Know About Can Hurt You

Australia Employment

PA

Piper Alderman

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

Receiving a WorkCover Notice of Assessment – Queensland

Australia Employment

HP

Hall Payne Lawyers

FWC says fighting in the workplace can be justified

Australia Employment

K

Kennedys

Funds Update - 26 September 2025

Australia Finance

KL

Herbert Smith Freehills Kramer LLP

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

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Crime Rates in Sydney: Suburbs with the Highest and Lowest Rates

Australia Criminal

OC

O'Brien Criminal & Civil Solicitors

Ready Or Not, Here They Come: The Victorian Psychosocial Regulations And Compliance Code Explained

Australia Employment

KG

K&L Gates LLP

It's Not All Zoom And Gloom: Balancing An Employee's 'Right To Privacy'

Australia Privacy

GC

Gilchrist Connell

Inside Employment Podcast Series - Investigations, Part 1 - What's The Fuss With Whistleblowing Investigations? (Video)

In part one of our investigations double episode, we unpack the technical and legal dimensions of workplace investigations, with a spotlight on whistleblowing.

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Employment law, litigation: High Court expands scope for damages in termination cases: Elisha v Vision Australia Ltd

The High Court ruled employees can claim damages for psychiatric harm from contract breaches in dismissal processes.

Australia Employment

MD

McCarthy Durie Lawyers

Exposure to toxic chemicals increases cancer risk for firefighters

Research has suggested these increased rates of cancer among firefighters may be linked to the foam.

Australia Employment

S

Stacks Law Firm

Employers Beware – $100,000 Fine for Failing to Ensure Safe and Appropriate Workplace

Employers have an active duty to their employees to ensure a safe work environment and the significant financial penalties and reputational risk if they fail to comply.

Australia Employment

PP

Pointon Partners

Workplace relations changes effective 1 July 2025

Australia Employment

CG

Coleman Greig Lawyers

Employment Relations Podcast #44 – When is the deal done? Resolving employment disputes

Australia Employment

PA

Piper Alderman

It is not secret anymore: secret recordings in an employment context

Australia Employment

BP

Bartier Perry

From final warning to Fair Work Commission – the risks of internal investigations for employee misconduct

Australia Employment

CG

Cooper Grace Ward

A guide to Independent Medical Examinations (IMEs) in workers' compensation claims Queensland

Australia Litigation

HP

Hall Payne Lawyers

Self-represented individuals beware: The risk of using AI for your employment law claim including show cause responses, unfair dismissals and other claims

Australia Employment

CO

Carroll & O'Dea

Over $400,000 in compensation and penalties ordered against employer for unlawful adverse action

Australia Employment

PP

Pointon Partners

Tax Ruling Confirms Employee Classification For Superannuation Purposes

Australia Employment

HR

Holding Redlich

Key Updates: Employment Law Wrap-Up

Australia Employment

A

Avant Law

Michael Byrnes is quoted in the article, "Proposed non-compete ban could backfire on workers, firm warns", published in Lawyers Weekly on 20 May 2025

Australia Employment

S

Swaab

Over $400,000 in compensation and penalties ordered against employer for unlawful adverse action

Importance of genuinely investigating employee complaints, especially those involving discrimination or workplace bullying.

Australia Employment

PP

Pointon Partners

Tax Ruling Confirms Employee Classification For Superannuation Purposes

Recent High Court rulings have transformed the legal framework for determining employment relationships in Australia.

Australia Employment

HR

Holding Redlich

Key Updates: Employment Law Wrap-Up

Criminalisation of wage theft and increases to penalties for underpayment.

Australia Employment

A

Avant Law

Michael Byrnes is quoted in the article, "Proposed non-compete ban could backfire on workers, firm warns", published in Lawyers Weekly on 20 May 2025

"Proposed non-compete ban could backfire on workers, firm warns"

Australia Employment

S

Swaab

Steps to take after a workplace injury in Queensland

Australia Employment

HP

Hall Payne Lawyers

Employment Law: Wage Theft

Employers were put on notice that deliberate underpayments would soon be a criminal offence.

Australia Employment

HL

HHG Legal Group

I have been discriminated at work: Should I lodge a discrimination (adverse action) claim?

Discriminated employees commonly pursue a general protections application.

Australia Employment

CO

Carroll & O'Dea

Pharmacy Disciplinary Proceedings – Sometimes You Just Have to Keep on Fighting

Pharmacist was suspended indefinitely by the NSW Pharmacy Council in a s150 hearing.

Australia Employment

BP

Bennett & Philp Lawyers

Sexual Harassment At Work And The Use Of Non-disclosure Agreements

Sexual harassment is prohibited by the Sex Discrimination Act 1984 (Cth) and the Fair Work Act 2009.

Australia Employment

HP

Hall Payne 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

Unravelling the Mind: The Impact of Pre-Existing and Secondary Psychological Injuries on WPI assessments

Australia Employment

M

McCabes

Tasmanian case confirmed an insurer is liable to cover weekly payments where a late medical certificate of capacity has been provided

Australia Employment

CO

Carroll & O'Dea

Case summary: Workers Compensation Nominal Insurer v Sako [2025] NSWCA 12 – the uninsured liability scheme and dust disease claims

Australia Employment

CO

Carroll & O'Dea

Adaptation is more than work history

Australia Employment

M

McCabes

Tasmanian worker's compensation win – administrative action was not reasonable nor taken in a reasonable manner

Australia Employment

HP

Hall Payne Lawyers

Employees on workers' compensation leave are not eligible for anti-bullying protections

Australia Employment

CG

Cooper Grace Ward

Challenging a Section 11A Defence in your workers compensation claim

Australia Employment

CO

Carroll & O'Dea

Dismissal results in $1.44 million in damages for psychiatric injury

Australia Employment

CG

Cooper Grace Ward

Increased pressure on nurses leads to back injury, rotator cuff injury and tendonitis

Australia Employment

S

Stacks Law Firm

Michael Byrnes appeared on Breakfast with Ron Wilson on 3 February 2024 on 2SM to discuss the employment law issues arising from employees appearing on reality TV shows

Australia Employment

S

Swaab

When workplace policies become enforceable legal obligations with significant risk: Lessons from the High Court's decision in Elisha v Vision Australia

Australia Employment

PA

Piper Alderman

Termination of Employment – Getting It Right the First Time

Australia Employment

RC

Rostron Carlyle Rojas

Elisha v Vision Australia Limited [2024] HCA 50

Australia Employment

HL

HHG Legal Group

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Latest Videos

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Inside Employment Podcast Series - Investigations, Part 1 - What's The Fuss With Whistleblowing Investigations? (Video)

KL

Herbert Smith Freehills Kramer LLP

Federal Election Podcast And Video Series: Workplace Reforms

HS

Herbert Smith Freehills Kramer LLP

Article 1 – Who is WIRO (WorkCover Independent Review Officer) and how do they help injured workers?

CO

Carroll & O'Dea

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