Worldwide: 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.

Dismissal upheld due to medical incapacity

Where medical evidence shows an employee is unable to safely perform their job requirements, dismissal on the grounds of incapacity may be a valid reason for termination.

Australia Employment

CG

Cooper Grace Ward

So You Think Your Employer May Have Unlawfully Discriminated Against or Fired You – What to Do Next

You may have watched workplace harassment, discrimination, and retaliation trainings as part of your office's requirements...

Australia Employment

SH

Sanford Heisler Sharp McKnight

Managing employee terminations legally: A step-by-step process for employers

How to terminate an employee legally whilst protecting your organisation from claims.

Australia Employment

WT

Watkins Tapsell

Defending Unfair Dismissal Claims: A Guide for NSW Employers

This article explains what you need to know to protect your business and mount an effective unfair dismissal employer defence.

Australia Employment

WT

Watkins Tapsell

Removal from WhatsApp groups used for rostering can amount to dismissal

Australia About Mondaq

GC

Gilchrist Connell

Kyle and Jackie O: The workplace relations law perspective

Australia About Mondaq

S

Swaab

Employees beware of the side hustle

Australia Employment

PP

Pointon Partners

High Court rules unfairly sacked worker entitled to damages for psychiatric injury

Australia Employment

A

Avant Law

Not acceptable in any workplace": The Fair Work Commission condemns a worker's "egregious" sexual remarks over two-way radio

Australia Employment

PA

Piper Alderman

Unfair dismissal claim fails after employee refuses return to office direction

Australia Employment

PP

Pointon Partners

Forced To Quit? The Hidden Cost Of Poor Investigations.

Australia Employment

CG

Clifford Gouldson Lawyers

Reforms To The General Protections Dismissal Process And Other Processes Of The Fair Work Commission

Australia Employment

CO

Carroll & O'Dea

Clarifying misconceptions of abandonment of employment

Australia Employment

BP

Bartier Perry

Can an employer refuse your resignation?

Australia Employment

HP

Hall Payne Lawyers

What Changed For The Subclass 485 Visa In 2026?

Australia Immigration

RM

Roam Migration Law

High Court Hands Down Landmark Trade Mark Decision In Katie Perry V Katy Perry Saga

SF

Spruson & Ferguson

Podcast: SMSFs With CGW – What Is Happening With Division 296 Tax? (Tax On Large Superannuation Balances)

CG

Cooper Grace Ward

Insights into purchasing creditor claims in an Insolvency process with Mitch Taylor

Australia Insolvency

CP

Cathro & Partners

NSW Long Service Leave: Key Takeaways From The Updated Guidance

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

"I had cancer and they sacked me. That's disability discrimination". Which case won?

Discusses recent case where the employee brought proceedings against the employer, alleging discrimination on the basis of disability. Who won?

Australia Employment

S

Stacks Law Firm

Can You Dismiss An Employee For Looking For Another Job?

A recent FWC case has drawn attention to the legal complications that can arise when an employer discovers one of their workers is looking for another job.

Australia Employment

S

Swaab

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

Australia Employment

JH

Jewell Hancock

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

Australia Employment

BN

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

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

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

Murphy v Xavier College Limited [2025] FWC 1284

Australia Employment

CG

Cooper Grace Ward

Choose Your Own Respondent in General Protections Dismissal Disputes

Civmec Construction & Engineering Pty Ltd v Joel Minchin[2025] FWCFB 2.

Australia Employment

S

Swaab

I've just been terminated: Should I lodge an unfair dismissal application?

A range of factors are important in assessing whether you will be successful in an unfair dismissal claim.

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

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

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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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