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.

Queensland Court of Appeal provides guidance on fact-finding and the extent of vicarious liability for certain staff members in historic school sexual abuse decision

Recent decisions reinforce important principles in assessing evidence & vicarious liability in relation to allegations of historic sexual abuse.

Australia Litigation

GC

Gilchrist Connell

Pundits split over NSW workers' compensation reform

Employers should remain consistent and vigilant in ensuring that psychological safety is kept in the workplace.

Australia Employment

S

Swaab

Working (Entirely) From Home: Not A Right 'Without Caveat'

Work Commission upheld an employer's dismissal of an employee who insisted on working entirely from home.

Australia Employment

GC

Gilchrist Connell

External workplace investigation reports do not automatically attract privilege

Seeking legal advice was not the dominant purpose for commissioning the investigation and even so, the employer's conduct waived possible privilege.

Australia Employment

HR

Holding Redlich

Is The Proposed 10-Year Ban On NRL Players Involved In R360 An Enforceable Restraint Of Trade?

Australia Employment

HR

Holding Redlich

Keeping An Eye On Safety Can Help To Avoid A Costly Fall - SSE Roofing

Australia Employment

BP

Bartier Perry

WorkCover Surveillance: What Investigators Can And Cannot Do In Victoria

Australia Employment

CO

Carroll & O'Dea

AI and the rise of ‘unmeritorious' workplace claims

Australia Employment

S

Swaab

Employee Performance Improvement Plan: What You Need To Know

Australia Employment

CG

Coleman Greig Lawyers

Employee Records And Award Set-off Clauses

Australia Employment

GC

Gilchrist Connell

Clarifying misconceptions of abandonment of employment

Australia Employment

BP

Bartier Perry

Local Council Liable To Employee For Psychiatric Injury From Fake Email

Australia Employment

B

Barry Nilsson

The Cost Of Control: Host-employer Liable For Injured Labour-hire Worker

Australia Employment

B

Barry Nilsson

No control, no excuse: Non-delegable duties in labour hire arrangements

Australia Employment

B

Barry Nilsson

New English Requirements For Visas

Australia Immigration

IL

Interstaff Immigration Agency

ESSENTIAL ESG SPECIAL EDITION - Responsible AI Governance: Emerging Legal Risks And Regulatory Trends

Australia Technology

CC

Corrs Chambers Westgarth

Criminal record checks at work: relevance, spent convictions and privacy risks for employers

Australia Employment

PP

Pointon Partners

Essential ESG: Episode 25 – Operating Responsibly In Conflict-affected Areas: The Role Of Grievance Mechanisms

Australia Commercial

CC

Corrs Chambers Westgarth

Essential ESG: Episode 26 – Insights From The 2025 UN Forum On Business And Human Rights

Australia Environment

CC

Corrs Chambers Westgarth

I was only injured because of the company's negligence." Which case won?

Discusses case where mechanic brought an action in negligence against the landscaping company.

Australia Employment

S

Stacks Law Firm

Beyond Policy – The FWC Reinforces The Duty To Genuinely Consider Flexible Work Arrangements

This case serves as a reminder that strict adherence to policy without properly consulting an employee in the context of their flexible work arrangement request will be a breach of the FWA.

Australia Employment

PP

Pointon Partners

New IR Act amendments place greater burden on employers in victimisation cases

NSW's 2025 WP Act broadens victimisation protections & increases employer accountability by considering both conscious & unconscious decision-making factors.

Australia Employment

BP

Bartier Perry

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

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

Australia Employment

CO

Carroll & O'Dea

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

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

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

The decision in MTH reinforces the high threshold required to establish public authority liability under section 43A of the CLA.

Australia Employment

GC

Gilchrist Connell

Use of AI criticised by FWC

Recent decision highlights considerations for HR professionals arising from the relying on AI models or apps for legal advice in FWC matters.

Australia Employment

S

Swaab

Twist of fate: A painful lesson in liability

Defendant may be found vicariously liable for the negligent conduct of its employees, even if they are unqualified.

Australia Employment

B

Barry Nilsson

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

Fair Work Commission to take into account the need to achieve gender equality in the workplace and eliminating gender-based undervaluation.

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

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

Fair Work Commission (FWC) has released their annual update for workplace and employment law.

Australia Employment

CG

Coleman Greig Lawyers

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

This article explains when a settlement agreement is binding, what common "settlement" phrases mean and how they may impact the enforceability (or not) of a settlement proposal.

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

Steps to take after a workplace injury in Queensland

Australia Employment

HP

Hall Payne Lawyers

Reasonable Business Grounds are not enough to refuse a flexible work request

Australia Employment

CO

Carroll & O'Dea

Proposed workers compensation changes: a harsh shift for legitimately injured workers in NSW

Australia Employment

CO

Carroll & O'Dea

Holding the Reins: Employer Responsible for Aggravated Psychological Condition

Australia Employment

CO

Carroll & O'Dea

Reconsideration of Medical Assessment Certificates

Australia Employment

BP

Bartier Perry

Employment Law: Wage Theft

Australia Employment

HL

HHG Legal Group

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

Australia Employment

CO

Carroll & O'Dea

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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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