Worldwide: Employment and HR

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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.
Article
New Protections In The Superannuation System
The Australian Government has unveiled comprehensive reforms targeting consumer protections across superannuation and financial services, introducing stricter oversight of APRA-regulated funds, SMSFs, and managed investment schemes. These changes respond to recent high-profile investment failures and include enhanced trustee obligations, strengthened anti-hawking provisions, and modifications to the financial advice framework that could significantly impact compliance requirements for industry participants.
Australia Employment
KG
K&L Gates LLP
Article
Redundancy Consultation Obligations: No Shortcuts For Small Businesses
The Fair Work Commission's Full Bench has confirmed that employers of all sizes, including small businesses, must meaningfully consult with employees before making redundancy decisions. This landmark ruling clarifies that consultation obligations apply universally and that failure to provide genuine consultation before an irreversible dismissal decision can defeat a 'genuine redundancy' defence in unfair dismissal claims.
Australia Employment
CG
Cooper Grace Ward
Article
Gillham Ruling Highlights Importance Of A Clear Policy Regarding Political Messages
The Federal Court's decision in Gillham v Melbourne Symphony Orchestra examines whether state anti-discrimination laws constitute 'workplace laws' under the Fair Work Act, and whether expressing political opinions during a performance can trigger general protections. This case explores the boundaries of contractor protections and the interplay between federal workplace legislation and state-based discrimination laws.
Australia Employment
HR
Holding Redlich
Article
Can I Return To Work While I Am Receiving Workers Compensation Benefits?
Injured workers in New South Wales often wonder whether they can continue receiving workers compensation benefits while returning to their job. The workers compensation scheme actively encourages safe return to work where medically appropriate, but the process involves careful management of medical certificates, suitable duties, injury management plans, and rehabilitation providers to ensure both recovery and proper benefit calculations.
Australia Employment
CO
Carroll & O'Dea
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Unfair/ Wrongful Dismissal

Article
Redundancy Consultation Obligations: No Shortcuts For Small Businesses
The Fair Work Commission's Full Bench has confirmed that employers of all sizes, including small businesses, must meaningfully consult with employees before making redundancy decisions. This landmark ruling clarifies that consultation obligations apply universally and that failure to provide genuine consultation before an irreversible dismissal decision can defeat a 'genuine redundancy' defence in unfair dismissal claims.
Australia Employment
CG
Cooper Grace Ward
Article
When Does Employee Absence Amount To Abandonment Of Employment? Lessons From The Haque Decision
When an employee stops attending work without explanation and doesn't respond to contact attempts, can an employer treat this as 'abandonment of employment'? The Fair Work Commission's recent Haque decision raises important questions about whether such situations constitute dismissal at the employer's initiative, potentially challenging established precedent and creating new risks for employers managing unexplained absences.
Australia Employment
HR
Holding Redlich
Article
AI Slop v Fair Work Com­mis­sion: The Scourge Continues
Recent Fair Work Commission cases reveal how artificial intelligence is undermining legal proceedings, with applicants submitting AI-generated appeals containing fabricated case citations, misapplied legal terminology, and incomprehensible arguments. The tribunal's scathing critiques highlight a growing crisis where uncritical reliance on AI wastes judicial resources and produces submissions devoid of merit.
Australia Employment
S
Swaab
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Contract of Employment

Article
Pending Reforms To Non-compete Clauses: What Employers Should Be Doing Now
The Australian government plans to prohibit non-compete clauses for workers earning below $190,100 from 2027, fundamentally reshaping how employers protect confidential information and customer relationships. With draft legislation expected in 2026, organisations face a critical window to review employment contracts and develop alternative workforce protection strategies. What steps should employers take now to prepare for these sweeping reforms to post-employment restraints?
Australia Employment
BP
Bartier Perry
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Employment Litigation/ Tribunals

Article
More AI Slop In The Fair Work Juris­dic­tion: The Fight Back
Recent court decisions reveal the pitfalls of relying on artificial intelligence in employment litigation, as judges dismiss cases where applicants used AI to generate evidence and submissions without proper verification. These rulings highlight the dangers of treating AI chatbots as legal advisors and the consequences of failing to disclose or properly supervise AI-generated content in court proceedings.
Australia Litigation
S
Swaab
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Discrimination, Disability & Sexual Harassment

Article
Gillham Ruling Highlights Importance Of A Clear Policy Regarding Political Messages
The Federal Court's decision in Gillham v Melbourne Symphony Orchestra examines whether state anti-discrimination laws constitute 'workplace laws' under the Fair Work Act, and whether expressing political opinions during a performance can trigger general protections. This case explores the boundaries of contractor protections and the interplay between federal workplace legislation and state-based discrimination laws.
Australia Employment
HR
Holding Redlich
Article
Enhanced Victimisation Protections Under The Industrial Relations Act 1996 (NSW) - Practical Guidance For Councils
Recent amendments to the Industrial Relations Act 1996 (NSW) (Act), have significantly expanded victimisation provisions, which are set to have a direct impact on employers, including local and state government entities. This article aims to highlight relevant legislation, provide practical steps and examples to support compliance and risk management.
Australia Employment
BP
Bartier Perry
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