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.

Can my employer dismiss me over a social media post?

Most workplaces have Social Media policies, outlining expectations for online behaviour - both during and outside of work hours.

Australia Employment

JH

Jewell Hancock

Workplace relationships: The legal position (Coldplay concert edition)

Workplace relationships aren't banned, but conflicts of interest must be disclosed—especially where power dynamics or secrecy exist.

Australia Employment

S

Swaab

Unfair Dismissal Examples: Fight for Your Employment Rights

As an employee, you should know your rights and when to know the signs of unfair dismissal.

Australia Employment

JS

JB Solicitors

No clause, no comfort: Court reinforces implied notice obligations for employers

The minimum notice requirements in section 117 of the Fair Work Act do not confer a right of termination.

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

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

Australia Employment

S

Swaab

Federal Court rules on significant unlawful termination case

Australia Employment

GC

Gilchrist Connell

Important Workplace Relations Changes Effective 1 July 2025

Australia Employment

S

Swaab

Nurse awarded $350,000 in compensation plus penalties following successful adverse action and discrimination claims

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

Aboriginal Death in Police Custody Alice Springs

Australia Criminal

OC

O'Brien Criminal & Civil Solicitors

Fraud and corruption – how crisis management can help

Australia Commercial

BP

Bartier Perry

What Does Labor's Landslide Mean For Employment Law In Australia? (Video)

Australia Employment

IL

Ius Laboris

Skilled Visa Salary Thresholds To Increase To 4.6% From 1 July 2025

Australia Immigration

IL

Interstaff Immigration Agency

Michael Byrnes appeared on Breakfast with Tim Webster on 2SM on 23 July 2025 to discuss workplace relationships and that Coldplay concert

Australia Employment

S

Swaab

Navigating workplace investigations: a quick guide for employers

Explores the investigation process, starting from appointing a suitable investigator to drawing conclusions from evidence.

Australia Employment

ML

MDC Legal

Is an employee's secret recording of a workplace conversation a valid reason for dismissal?

An employee's covert recording of a workplace conversation created a valid reason for dismissal.

Australia Employment

HW

Holman Webb Lawyers

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

Australia Employment

GC

Gilchrist Connell

Fair Work Commission sets bar high for policy changes

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

Australia Employment

CG

Coleman Greig Lawyers

Dismissal results in $1.44 million in damages for psychiatric injury

Australia Employment

CG

Cooper Grace Ward

Safety first – employee methamphetamine use outweighs procedure fairness

Australia Employment

CG

Cooper Grace Ward

Michael Byrnes is quoted in the article, "How to navigate misconduct investigations involving mental health challenges".

Australia Employment

S

Swaab

Elisha v Vision Australia Limited [2024] HCA 50

Australia Employment

HL

HHG Legal Group

Lattouf v ABC: The Current State of Play

Australia Employment

S

Swaab

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

Australia Employment

JD

Jones Day

Michael Byrnes is quoted in the article, "How to navigate misconduct investigations involving mental health challenges".

How to navigate misconduct investigations involving mental health challenges.

Australia Employment

S

Swaab

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?

Australia Employment

RC

Rostron Carlyle Rojas

Secretly recording your bad boss, 2GB and 4BC John Stanley Interview with Michael Byrnes

Secretly recording by employees in the workplace.

Australia Employment

S

Swaab

Secret recording by employees: An own goal

Secretly recording colleagues can prove fatal to an unfair dismissal application.

Australia Employment

S

Swaab

Church employee unfairly dismissed for getting COVID vaccine

Summary of recent unfair dismissal case. Link to full decision.

Australia Employment

HP

Hall Payne Lawyers

Unfair Contract Terms: New Avenues for Independent Contractors to Pursue Claims

Changes enable independent contractors who earn below the high income threshold to dispute unfair contract terms.

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

Loopholes Laws Open For Business: Are You Ready For 26 August 2024?

Australia Employment

KG

K&L Gates LLP

Forthcoming Law To Protect Workers From Exploitation And Create New Compliance Responsibilities For Employers

Australia Immigration

F

Fragomen

Unfair dismissal provisions: Increase in high income threshold

Australia Employment

PP

Pointon Partners

Labour and Employment Comparative Guide

Australia Employment

VY

Vincent Young

When ‘I quit' doesn't mean ‘I quit'

Australia Employment

GC

Gilchrist Connell

Advice needed before employee dismissals

Australia Employment

MO

Mellor Olsson Lawyers

Case summary: Tomaso Edwards Moro v Insider Au Pty Ltd [2023] FWC 3148 – Working from home contrary to direction - dismissal challenged at the FWC - and how to calculate compensation payable before the FWC

Australia Employment

CO

Carroll & O'Dea

FWC finds early notice of end to fixed-term employment contract amounts to dismissal

Australia Employment

HR

Holding Redlich

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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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