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news and updates
Near maximum compensation awarded to employee accused of theft
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 ...
Read more Incapacity-based dismissal deemed unlawful despite valid reason
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 ...
Read more Commission backs dismissal of employee who was absent for 100+ days
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, ...
Read more WHS complaints not the deciding factor in manager’s dismissal, court finds
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 ...
Read more Fair Work Commission clarifies limits on excessive carer’s leave overseas
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 ...
Read more Victoria moves towards legal right to work from home
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 ...
Read more Employer held vicariously liable and ordered to pay damages for workplace sexual harassment
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 ...
Read more Commission rejects summary dismissal over single job application sent at work
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 ...
Read more Flawed termination process renders dismissal for racist remarks unfair
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 ...
Read more Limits on changes to part-time rosters reinforced by Fair Work Commission
The Fair Work Commission (Commission) has reinforced that part-time employees are entitled to predictable and stable hours of work, and that employers cannot unilaterally cut days or hours of work, even if ...
Read more Commission confirms limits to ‘unconditional’ work from home arrangements
A recent Fair Work Commission (Commission) decision provides timely guidance for employers navigating hybrid work arrangements and employee resistance to return-to-office policies. In Mr Richard Johnson v Papercut Software Pty Ltd [2026] ...
Read more FWC upholds dismissal of employee with expired visa
The Fair Work Commission (Commission) has decided in favour of an employer who dismissed an employee who continued to work on an expired visa, despite the renewed visa arriving within days of ...
Read more FWC: valid reason not enough to prevent a finding of unfair dismissal
In a recent decision, the Fair Work Commission (Commission) found that a valid reason for dismissal will not, on its own, prevent the finding of unfair dismissal. The case highlights two pitfalls ...
Read more Clothing and laundry allowances: What you need to know
Alongside the many other allowances employees may be entitled to, special clothing and laundry allowances are often misunderstood and frequently overlooked by businesses. Many employers mistakenly assume that employees can simply claim ...
Read more Recent decision narrows employer liability for WFH arrangements
A recent South Australian workers’ compensation case has clarified an important issue for employers: although an employee’s home may be treated as their workplace when working from home is approved, injuries that ...
Read more Caught off guard: Commission allows casual employee to challenge their dismissal by The Guardian
Recently, the Fair Work Commission (Commission) permitted a casual employee to proceed with an unfair dismissal claim against their employer, finding that the terms of his employment contract did not override the ...
Read more Recent IR updates
Bill to protect employer-funded paid parental leave passes Parliament The Fair Work Amendment (Baby Priya’s) Act 2025 (Baby Priya’s Law) passed Parliament earlier this month following the tragic case of baby Priya ...
Read more FWC clarifies dual employment and high-income threshold when determining unfair dismissal eligibility
In a recent decision, the Fair Work Commission (FWC) has reaffirmed that where an employee holds dual roles with the same employer, those roles can be treated as separate and distinct employment ...
Read more FWC: Safety breach warrants summary dismissal
A recent decision handed down by the Fair Work Commission (Commission) has reaffirmed that serious safety breaches in the workplace can, on their own, justify summary dismissal, even where an employee alleges ...
Read more Bill introduced to safeguard paid parental leave
The Federal Government has introduced a Bill that seeks to ensure that employees who experience a stillbirth or the death of a child shortly after birth are not unfairly denied access to ...
Read more FWC: Deficient harassment investigation results in constructive dismissal
In a recent decision, the Fair Work Commission (Commission) ruled that a worker was unfairly dismissed after her employer mishandled her sexual harassment complaint and failed to provide a timely and transparent ...
Read more FWC ruling reinforces threshold for flexible work entitlements
In a recent decision, the Fair Work Commission (Commission) dismissed a flexible work dispute after finding the employee had failed to provide adequate evidence to support her request. In this article, we ...
Read more Brief Queensland stint following transfer secures LSL for employee
In a recent decision, the High Court of Australia has refused special leave to appeal the Queensland Court of Appeal’s ruling in Infosys Technologies Ltd v Fox, confirming that an employee with ...
Read more Federal Court makes significant ruling on offset clauses and record keeping for salaried employees
Late last week, the Federal Court ruled, in a landmark decision, that employers cannot simply rely on annualised salary arrangements to offset underpayments across multiple pay periods, even if the employees are ...
Read more New rules for small businesses effective from 26 August 2025
A number of changes pertaining to small businesses, stemming from the passage of the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 and the Fair Work Legislation Amendment (Closing Loopholes No. 2) ...
Read more QIRC rules: “Two masters” psychosocial hazard causes psychological injury
A recent decision of the Queensland Industrial Relations Commission (QIRC) has yet again highlighted the expanding scope of employer duties in managing psychosocial risks in the workplace. Key facts The worker was ...
Read more NSW judge imposes near-maximum WHS penalty over fatality
A recent NSW District Court decision has issued a powerful warning to company directors and officers: failure to meet due diligence obligations under work health and safety (WHS) laws will attract serious ...
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