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.

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

The remedies available to employee-like workers of digital labour platform operators under the relatively new "unfair deactivation" provisions.

Australia Employment

PA

Piper Alderman

Case Update: $150k Penalty For The ABC

The judgment is a reminder that political opinion is a protected attribute; dismissals, even if partly connected to political opinion, are unlawful.

Australia Employment

JH

Jewell Hancock

High Court clarifies scope of genuine redundancy under the Fair Work Act

The decision provides important guidance on how employers must approach redundancy decisions.

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

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

It depends – Should you involve your kids in the control of your family discretionary trust?

Australia Family

CG

Cooper Grace Ward

Fair Work Commission Backs Employee in Remote Work Dispute with Westpac

Australia Employment

M

McCabes

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

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

New road rules and driving offences come into effect across Australia

Australia Transport

SC

Sydney Criminal Lawyers

What Happens If… You Are Faced With A Sanctions Issue And Need To Investigate? (Podcast)

Australia International

KL

Herbert Smith Freehills Kramer LLP

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

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

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

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

Ensure your hiring and firing processes in healthcare comply with both regulatory standards and employment laws.

Australia Employment

L

LegalVision

Failure to attend independent medical examination justified dismissal

The employment tribunal dismissed an application for unfair dismissal after an employee failed to attend a medical examination.

Australia Employment

GC

Gilchrist Connell

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

Australia Employment

CG

Cooper Grace Ward

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

This is not an unfair dismissal case.

Australia Employment

S

Swaab

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

Amendments to the Fair Work Act 2009 (Cth) ("FW Act") that took effect on 26 August 2024 introduced new definitions of "employee" and "employer".

Australia Employment

JD

Jones Day

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

New avenue of damages for aggrieved employees where their employment has been wrongly terminated.

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

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

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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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