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.

Claimant fails to discharge onus of proof that they were an earner

Case study of how a Merit Reviewer will evaluate evidence in order to assess whether a claimant has discharged the onus on them to establish that they are an earner.

Australia Employment

M

McCabes

High Court Appeal (Judgment): AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle ABN 79469343054 – Case S94/2025

Discusses the current landscape of duty of care & non-delegable duties of care.

Australia Employment

CO

Carroll & O'Dea

High Court widens exposure for organisations working with vulnerable people

Recent HC decision declares that a non-delegable duty of care can extend to the intentional criminal acts of employees, delegates &/or third parties.

Australia Employment

GC

Gilchrist Connell

Non-delegable duties and intentional wrongs – the High Court determination

The High Court of Australia determined that a non-delegable duty of care could be breached by the intentional criminal wrong doing of a third party.

Australia Employment

BN

Barry Nilsson

Queensland Court of Appeal provides guidance on fact-finding and the extent of vicarious liability for certain staff members in historic school sexual abuse decision

Australia Litigation

GC

Gilchrist Connell

Pundits split over NSW workers' compensation reform

Australia Employment

S

Swaab

Working (Entirely) From Home: Not A Right 'Without Caveat'

Australia Employment

GC

Gilchrist Connell

External workplace investigation reports do not automatically attract privilege

Australia Employment

HR

Holding Redlich

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

Australia Employment

HR

Holding Redlich

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

Australia Employment

BP

Bartier Perry

WorkCover Surveillance: What Investigators Can And Cannot Do In Victoria

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

NSW Fine Check: Your Complete Guide to Checking & Managing Fines in 2026

Australia Criminal

JS

JB Solicitors

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

SF

Spruson & Ferguson

Tom Silvagni Rape Case | Tom Silvagni Sentence

Australia Criminal

CD

Criminal Defence Lawyers Australia

What Changed For The Subclass 485 Visa In 2026?

Australia Immigration

RM

Roam Migration Law

Final Pay On The Final Day: Courts' Emerging Willingness To Penalise "Technical Contraventions"

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Clarifying misconceptions of abandonment of employment

Explains the concept of abandonment of employment. Recent case example.

Australia Employment

BP

Bartier Perry

Local Council Liable To Employee For Psychiatric Injury From Fake Email

This decision serves as a reminder that employers may be liable for injuries to their employees occasioned by a malevolent act of a third party.

Australia Employment

BN

Barry Nilsson

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

Host employers should be careful to ensure there is a safe system of work in place, and this system of work is actively enforced.

Australia Employment

BN

Barry Nilsson

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

This case reinforces that it is difficult for an employer to completely discharge its non-delegable duty of care to employees.

Australia Employment

BN

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

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

Australia Employment

BP

Bartier Perry

Workers' compensation claims due to asbestosis - NSW

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

Australia Employment

CO

Carroll & O'Dea

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

Australia Employment

KW

King & Wood Mallesons

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

Australia Employment

BN

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

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

This case provides a number of key considerations and implications for employers across Australia.

Australia Employment

BN

Barry Nilsson

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

This decision is a timely reminder that compliance with the FW Act and Modern Awards is not optional or negotiable.

Australia Employment

WB

Walter Baden

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

Restraint of trade clauses are often included by employers to protect their client relationships should an employee leave and start up work in competition.

Australia Employment

S

Stacks Law Firm

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

Australia Employment

GC

Gilchrist Connell

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)

In part one of our investigations double episode, we unpack the technical and legal dimensions of workplace investigations, with a spotlight on whistleblowing.

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Employment law, litigation: High Court expands scope for damages in termination cases: Elisha v Vision Australia Ltd

The High Court ruled employees can claim damages for psychiatric harm from contract breaches in dismissal processes.

Australia Employment

MD

McCarthy Durie Lawyers

Exposure to toxic chemicals increases cancer risk for firefighters

Australia Employment

S

Stacks Law Firm

Employers Beware – $100,000 Fine for Failing to Ensure Safe and Appropriate Workplace

Australia Employment

PP

Pointon Partners

Workplace relations changes effective 1 July 2025

Australia Employment

CG

Coleman Greig Lawyers

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

Australia Employment

PA

Piper Alderman

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

Australia Employment

BP

Bartier Perry

From final warning to Fair Work Commission – the risks of internal investigations for employee misconduct

Australia Employment

CG

Cooper Grace Ward

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

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

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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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