Australia: Employment Litigation/ Tribunals

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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.

External workplace investigation reports do not automatically attract privilege

Seeking legal advice was not the dominant purpose for commissioning the investigation and even so, the employer's conduct waived possible privilege.

Australia Employment

HR

Holding Redlich

Is The Proposed 10-Year Ban On NRL Players Involved In R360 An Enforceable Restraint Of Trade?

This article explores how the legal doctrine of restraint of trade may impact upon the validity of the NRL Ban.

Australia Employment

HR

Holding Redlich

Keeping An Eye On Safety Can Help To Avoid A Costly Fall - SSE Roofing

Industrial Court of New South Wales has recently delivered a timely reminder that safety obligations do not take holidays.

Australia Employment

BP

Bartier Perry

WorkCover Surveillance: What Investigators Can And Cannot Do In Victoria

Investigators in the WorkCover space are required to comply with and adhere to WorkSafe's Private Investigator Code of Practice (published in 2019).

Australia Employment

CO

Carroll & O'Dea

AI and the rise of ‘unmeritorious' workplace claims

Australia Employment

S

Swaab

Employee Performance Improvement Plan: What You Need To Know

Australia Employment

CG

Coleman Greig Lawyers

Employee Records And Award Set-off Clauses

Australia Employment

GC

Gilchrist Connell

Clarifying misconceptions of abandonment of employment

Australia Employment

BP

Bartier Perry

Local Council Liable To Employee For Psychiatric Injury From Fake Email

Australia Employment

B

Barry Nilsson

The Cost Of Control: Host-employer Liable For Injured Labour-hire Worker

Australia Employment

B

Barry Nilsson

No control, no excuse: Non-delegable duties in labour hire arrangements

Australia Employment

B

Barry Nilsson

I was only injured because of the company's negligence." Which case won?

Australia Employment

S

Stacks Law Firm

Beyond Policy – The FWC Reinforces The Duty To Genuinely Consider Flexible Work Arrangements

Australia Employment

PP

Pointon Partners

New IR Act amendments place greater burden on employers in victimisation cases

Australia Employment

BP

Bartier Perry

Contract Repudiation: What Exactly Is It?

Australia Commercial

SL

Stonegate Legal

Michael Byrnes discusses the Westpac WFH case on 2SM with Tim Webster

Australia Employment

S

Swaab

Funds Update - 9 January 2026

Australia Finance

KL

Herbert Smith Freehills Kramer LLP

Talking Aussie Farming With Stephen Commadeur (Podcast)

Australia Real Estate

FC

FTI Consulting

Not every professional error leads to liability

Australia Litigation

B

Barry Nilsson

Flexible Work Arrangements: Process And Evidence Matter – Chandler V Westpac Explained

Fair Work Commission clarifies the obligations of employers when responding to employee requests for flexible work arrangements under the Fair Work Act 2009 (Cth).

Australia Employment

BP

Bartier Perry

Workers' compensation claims due to asbestosis - NSW

Discusses the types of diseases that can lead to asbestosis & eligibility for workers' compensation due to asbestos exposure & compensation available.

Australia Employment

HP

Hall Payne Lawyers

When (and how) obesity can be a compensable injury in NSW workers compensation — and what that means for WPI

The Personal Injury Commission consistently accept that clinically supported post-injury weight gain/obesity can be a compensable consequential condition.

Australia Employment

CO

Carroll & O'Dea

TWU v Qantas – Unions As "Private Regulators" And The Increasing Financial Risk Associated With Employment Laws

In a case arising from Qantas's 2020 outsourcing of ground-handling services, the Court imposed a record $90 million penalty for adverse-action breaches. Notably, $50 million of this penalty...

Australia Employment

KW

King & Wood Mallesons

Supermarket Giants Vs Fair Work Ombudsman: Employer Takeaways From Landmark Federal Court Decision

Australia Employment

B

Barry Nilsson

Landmark Federal Court decision raises the bar on salary set-offs and record-keeping: what employers need to know

Australia Employment

WB

Walter Baden

"By poaching our clients after he left, he breached the restraint clause in his employment contract" – which case won?

Australia Employment

S

Stacks Law Firm

No employment, No liability: The NSWCA on foster carers and vicarious responsibility

Australia Employment

GC

Gilchrist Connell

Use of AI criticised by FWC

Australia Employment

S

Swaab

Twist of fate: A painful lesson in liability

Australia Employment

B

Barry Nilsson

Safety-net Changes For Degree-qualified Workers: When Something You Didn't Know About Can Hurt You

Australia Employment

PA

Piper Alderman

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

Receiving a WorkCover Notice of Assessment – Queensland

Australia Employment

HP

Hall Payne Lawyers

FWC says fighting in the workplace can be justified

Australia Employment

K

Kennedys

Safety-net Changes For Degree-qualified Workers: When Something You Didn't Know About Can Hurt You

Fair Work Commission to take into account the need to achieve gender equality in the workplace and eliminating gender-based undervaluation.

Australia Employment

PA

Piper Alderman

What International Employers Should Know About The High Court Of Australia's Decision On Searching For Redeployment Options In Redundancy

On 6 August 2025, the High Court of Australia handed down the landmark decision in Helensburgh Coal Pty Ltd v Bartley [2025] HCA 29, reshaping the risk environment for global employers who make redundancies in their businesses in Australia.

Australia Employment

SS

Seyfarth Shaw LLP

Receiving a WorkCover Notice of Assessment – Queensland

Qld workers should get legal advice before responding to a Notice of Assessment, as it affects compensation & common law rights.

Australia Employment

HP

Hall Payne Lawyers

FWC says fighting in the workplace can be justified

There is no presumption that fighting in the workplace will automatically mean that a dismissal is fair.

Australia Employment

K

Kennedys

Inside Employment Podcast Series - Investigations, Part 1 - What's The Fuss With Whistleblowing Investigations? (Video)

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Employment Relations Podcast #44 – When is the deal done? Resolving employment disputes

This article explains when a settlement agreement is binding, what common "settlement" phrases mean and how they may impact the enforceability (or not) of a settlement proposal.

Australia Employment

PA

Piper Alderman

It is not secret anymore: secret recordings in an employment context

Laws dealing with secret recordings. Examines recent FWC decision that dealt with the admissibility of a secret recording as evidence.

Australia Employment

BP

Bartier Perry

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

A guide to Independent Medical Examinations (IMEs) in workers' compensation claims Queensland

Understanding IME's is crucial for managing your worker's compensation claim effectively.

Australia Litigation

HP

Hall Payne Lawyers

Self-represented individuals beware: The risk of using AI for your employment law claim including show cause responses, unfair dismissals and other claims

Australia Employment

CO

Carroll & O'Dea

Over $400,000 in compensation and penalties ordered against employer for unlawful adverse action

Australia Employment

PP

Pointon Partners

Tax Ruling Confirms Employee Classification For Superannuation Purposes

Australia Employment

HR

Holding Redlich

Key Updates: Employment Law Wrap-Up

Australia Employment

A

Avant Law

Michael Byrnes is quoted in the article, "Proposed non-compete ban could backfire on workers, firm warns", published in Lawyers Weekly on 20 May 2025

Australia Employment

S

Swaab

Steps to take after a workplace injury in Queensland

Australia Employment

HP

Hall Payne Lawyers

Reasonable Business Grounds are not enough to refuse a flexible work request

Australia Employment

CO

Carroll & O'Dea

Proposed workers compensation changes: a harsh shift for legitimately injured workers in NSW

Australia Employment

CO

Carroll & O'Dea

Holding the Reins: Employer Responsible for Aggravated Psychological Condition

Australia Employment

CO

Carroll & O'Dea

Reconsideration of Medical Assessment Certificates

Australia Employment

BP

Bartier Perry

Employment Law: Wage Theft

Australia Employment

HL

HHG Legal Group

I have been discriminated at work: Should I lodge a discrimination (adverse action) claim?

Australia Employment

CO

Carroll & O'Dea

Pharmacy Disciplinary Proceedings – Sometimes You Just Have to Keep on Fighting

Australia Employment

BP

Bennett & Philp Lawyers

Sexual Harassment At Work And The Use Of Non-disclosure Agreements

Australia Employment

HP

Hall Payne Lawyers

Navigating workplace investigations: a quick guide for employers

Australia Employment

ML

MDC Legal

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Latest Videos

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Inside Employment Podcast Series - Investigations, Part 1 - What's The Fuss With Whistleblowing Investigations? (Video)

KL

Herbert Smith Freehills Kramer LLP

Federal Election Podcast And Video Series: Workplace Reforms

HS

Herbert Smith Freehills Kramer LLP

Article 1 – Who is WIRO (WorkCover Independent Review Officer) and how do they help injured workers?

CO

Carroll & O'Dea

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