Can HR rely solely on a manager’s recommendation to terminate an employee? In a recent decision, the Federal Circuit and Family Court of Australia found that an employer had contravened the general ...

The Fair Work Commission (Commission) has refused permission for a nurse to appeal his dismissal after finding that the employee was validly terminated for improperly using his personal leave to campaign in ...

A recent Fair Work Commission (Commission) decision is a timely reminder for employers that the fact an employee’s conduct occurs on a private messaging platform does not necessarily place it beyond the ...

A recent Fair Work Commission (Commission) decision is a timely reminder for all employers that calling an employee “casual” in their contract of employment does not necessarily make them one. In Fedele ...

The Federal Government has released exposure draft legislation proposing significant changes to Australia’s laws on non-compete and employee non-solicitation clauses. The Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 ...

The Fair Work Commission (Commission) has handed down a significant decision that will reshape how working from home (WFH) arrangements are managed under the Clerks – Private Sector Award 2020 (Clerks Award).[1] ...

The first reported decisions considering an employer's obligations under the modern award right to disconnect have provided early guidance on an important distinction about where the line may fall between unwelcome or ...

We continue to see a growing trend of self-represented litigants using generative artificial intelligence (AI) to prepare unfair dismissal and general protections claims. While AI can be a useful tool, the Fair ...

A landmark ruling by the Fair Work Commission (Commission), in Baker v Macquarie University [2026] FWC 3054, provides the first guidance on the new ‘employee choice’ rules for casual employees, introduced in ...

The Fair Work Commission (Commission) has found that a vessel Master’s conduct demonstrated a “lackadaisical approach toward safety” and provided his employer with a valid reason for dismissal. However, despite the seriousness ...

The Fair Work Commission (Commission) has reaffirmed an important principle for employers managing employees with medical conditions: while employers have obligations to consider reasonable adjustments and manage employees fairly, they are not ...

The Fair Work Commission (Commission) has reinforced that employers must carefully distinguish between an employee's individual conduct and broader systemic failures when responding to serious workplace incidents. In a recent case, the ...

Australia’s workplace sexual harassment framework continues to evolve, with the Australian Human Rights Commission (AHRC) increasingly turning its attention to whether employers are proactively meeting their obligations under the positive duty provisions ...

The Fair Work Commission (Commission) has reaffirmed an important principle for employers managing employees with medical conditions: while employers have obligations to consider reasonable adjustments and manage employees fairly, they are not ...

A recent Fair Work Commission (Commission) decision has reinforced that employers can lawfully dismiss employees for serious workplace misconduct, even where not every allegation is substantiated. In Filamor v Port Stephens Veterans ...

The Fair Work Commission (Commission) has recently reinforced that serious threats of violence towards colleagues can constitute a valid reason for dismissal, even where an employer fails to follow a procedurally fair ...

Introduction The Fair Work Commission has ordered an employer to allow a long-term remote employee to continue working predominantly from home after finding that a blanket return-to-office approach did not appropriately account ...

Employers are often faced with a difficult question when an employee suddenly stops attending work and fails to respond to communications: has the employee abandoned their employment, or does the employer need ...

A recent Fair Work Commission (Commission) decision is a timely reminder that suspected employee theft must be clearly proven, particularly the intent to steal, before employers move to summary dismissal. In the ...

The Federal Circuit and Family Court of Australia (FCFCA) has highlighted the ongoing risks for employers when managing incapacity-based terminations, even where medical evidence appears to justify the dismissal. In the case ...

A recent Fair Work Commission (Commission) decision highlights the limits of employer obligations when managing long-term illness and uncertain return-to-work prospects. In the case of Jodie Daunis v Rivercity Ferries Pty Ltd, ...

Adverse action claims tied to work health and safety (WHS) complaints remain a real risk for employers – but a recent Federal Circuit and Family Court decision demonstrates how defensible these claims ...

Ever wondered what your obligations would be as a business owner, a manager or HR professional if an employee requested to take extended carer’s leave to accompany a family member overseas for ...

The Victorian government has announced plans to introduce legislation that would give employees the legal right to work from home (WFH) for at least two days a week, marking a significant shift ...

A recent decision from the Queensland Industrial Relations Commission (QIRC) has sent a clear message to employers: ticking the box on sexual harassment training is not enough. It’s not just about having ...

A recent unfair dismissal decision by the Fair Work Commission (Commission) held that a single job application sent from a company email during work hours fell short of serious misconduct, highlighting the ...

Most employers would assume that racist remarks in the workplace would be a clear-cut case for summary dismissal, and in many instances, they would be right. However, a recent decision of the ...