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Unfair Dismissal vs General Protections: A Practical Overview

Unfair Dismissal vs General Protections

Employees who have been dismissed from their employment may have legal options available to challenge that decision, two of the most common avenues, being Unfair Dismissal and General Protections Applications. While both fall under the national industrial relations framework, the Fair Work Act 2009 (Cth) (the FW Act) they address different legal grounds for disputing […]

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What Does An Employment Lawyer Do?

what does an employment lawyer do

Employment law is more than just rules and regulations; it protects rights, defines responsibilities and helps resolve workplace conflict. Whether you’re an employee, contractor, HR manager or business owner, understanding your rights under Australian law is essential. That’s where employment lawyers come in. Employment Lawyers Ensure Legal Rights & Responsibilities Are Upheld In The Workplace […]

Mental Health Break Defeats Deactivation Claim

In the recent decision of Priyansh Singh Panwar v Portier Pacific Pty Ltd [2025] FWC 1578 (the Decision) the Fair Work Commission (the FWC) has declined an application for an unfair deactivation on the basis that s 536LD(c) of the Fair Work Act 2009 (the FWA) concerns a single period of work, rather than multiple […]

Zero WFH; No Basis for Rejecting Alternative Suitable Position

In the recent decision of Mater Misericordiae Ltd Trading AS Mater v Robyn Tyler [2025] FWC 1396 (the Decision), the Fair Work Commission (the FWC) determined that an employee cannot reject “other acceptable employment” on the basis that the new role does not allow for flexible working arrangements. Case Overview Ms. Tyler commenced employment with […]

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Victorian Parliamentary Inquiry Recommends Further Restrictions on Workplace Surveillance

A parliamentary inquiry by the Economy and Infrastructure Committee (the Committee) led by Labor MP Alison Marchant (the Inquiry) has found that laws governing workplace surveillance are outdated. The Inquiry asserts that recent technological advancements as well as the long-term impacts of the Covid-19 pandemic which have seen workers shift to remote working has led […]

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What is Employment Discrimination in Australia?

Employment Discrimination in Australia Employment discrimination occurs when an individual is treated unfairly in the workplace due to personal attributes such as race, sex, age, disability, or other protected attributes. Various federal and state laws, including the Fair Work Act 2009 (Cth), the Australian Human Rights Commission Act 1986 (Cth), and relevant state-based anti-discrimination laws, […]

6-Months Of Continuous Service Required for FWC To Exercise New Powers for Gig Economy Workers

The Fair Work Commission (the FWC) have exercised new powers to deal with disputes regarding gig economy workers and ‘unfair deactivation’ in the recent decision of Ibrahim Jibril [2025] FWC 1289 (the Decision). As such, the FWC determined that an Uber driver was not protected by the new unfair deactivation provisions under the Fair Work […]

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Law Firm Referred to Fair Work Ombudsman for Unauthorised Deductions from Employee Wages

In the recent decision of Renee Passmore v The Trustee for The CBC Lawyers Unit Trust, Sandra Clive [2025] FWC 575 (the Decision) the Fair Work Commission (the FWC) has stated that it will refer a law firm to the Fair Work Ombudsman for unauthorised deductions from employee wages in breach of the Legal Services […]

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Deferred Bonuses and Forfeiture Conditions Found to be Unlawful by the Federal Court

In the recent Federal Court of Australia decision of Wollermann v Fortrend Securities Pty Ltd [2025] FCA 103 (the Decision) an employer’s attempt to defer payment of an employee’s contractual bonus to which they were already entitled to has been found to be in contravention of the Fair Work Act 2009 (Cth) (the FW Act). […]

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What is Adverse Action in the Workplace? A Guide for Australian Employers, Employees and Contractors

Adverse Action in the workplace

In Australian workplaces, Adverse Action refers to negative actions that may be taken by an employer, an employee, or an independent contractor that can impact an individual’s rights, employment conditions, or working environment. Such actions can be retaliatory, discriminatory, or otherwise harmful and are prohibited by the Fair Work Act 2009. The general protections provisions […]

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