Archive by Author

FWC Confirms Constructive Dismissal After Flawed Process

The Fair Work Commission’s (FWC) recent decision in Courtney Sewell v dnata Airport Services Pty Limited [2025] FWC 2823 (Sewell) serves as an important reminder of the risks employers face when workplace investigations fall short of proper processes. Irrespective of whether an employer acts promptly, any procedural or communicative flaws can still lead to findings […]

Victorian Governments Proposed WFH Legislation

The Victorian Government is proposing groundbreaking legislation to legally entrench a right for employees to work from home (WFH) “at least two days per week”, where their role can reasonably be performed remotely, aiming to boost workforce participation and work–life balance. Crucially for small businesses, no exemption by size will be made. Subsequently, all employers, […]

Liability of Franchisors for Underpayments by Franchisees

In the recent decision of Bakers Delight Holdings Ltd v Fair Work Ombudsman [2025] FCAFC 144 (the Decision), the Federal Court of Australia (the Court) has held that the Fair Work Ombudsman (the FWO) has the power to hold franchisors to account for the conduct of their franchisees, namely, breaches of the underpayment provisions of […]

Comments Off on Liability of Franchisors for Underpayments by Franchisees Continue Reading →

Victorian Government to Legislate NDA Ban

The Allen Labor Government has introduced the Restricting Non-Disclosure Agreements (Sexual Harassment at Work) Bill 2025 (the Bill) to the Victorian Parliament. The Bill seeks to limit the use of non-disclosure agreements (NDAs) in the settlement of workplace sexual harassment matters, marking the first legislation of its kind in Australia and one of the few […]

$150,000 Penalty for Unlawful Dismissal

A tribunal in Queensland has awarded a sexually harassed and assaulted worker $140,000 in damages. The worker was employed by Oishi Teppanyaki & Café Pty Limited as a waitress and worked split shifts. The owner of the café contravened s 119 of the Anti-Discrimination Act 1977 (Qld) by non-consensually touching the waitress and locking the […]

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 […]

Comments Off on Unfair Dismissal vs General Protections: A Practical Overview Continue Reading →

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 […]

Comments Off on Zero WFH; No Basis for Rejecting Alternative Suitable Position Continue Reading →

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 […]

Comments Off on Victorian Parliamentary Inquiry Recommends Further Restrictions on Workplace Surveillance Continue Reading →