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.
Article
Fair Work Commission Releases New AI Guidance And Warns Against Blind Reliance On AI
The Fair Work Commission has introduced new guidance requiring parties to disclose their use of generative AI in proceedings, following a 70% surge in workload attributed to AI-generated applications. A recent case demonstrates the consequences of blind reliance on AI tools, with one applicant ordered to pay costs after continuing a jurisdictionally flawed claim despite repeated warnings from the Commission.
Australia Employment
HR
Holding Redlich
Podcast
Podcast: Inside The Claim With CGW – Flight Risk: Grounded By A Galley Cart
Cooper Grace Ward's Damien Jarrett and Jess Byrne examine Hunter v Alliance Airlines Pty Ltd, a Supreme Court workers' compensation case involving a cabin crew member's back injury from a jammed galley cart. The discussion explores how the case evolved from maintenance and staffing allegations into a training dispute, and examines the court's approach to quantum arguments when the injured worker chose to pursue her own business rather than return to employment.
Australia Employment
CG
Cooper Grace Ward
Article
Workplace Investigations And Decision Makers: What Employers Can Learn From Totino v Metro Trains
The Full Court of the Federal Court has clarified critical procedural requirements for employers managing medical incapacity terminations and defending general protections claims. This landmark decision addresses when workplace relations advisers must give evidence in proceedings and whether show cause letters constitute unlawful threats under the Fair Work Act.
Australia Employment
GC
Gilchrist Connell
Article
Psychosocial Risks Used As A Shield In Parental Leave Dispute
When an employee requested to extend her parental leave, her employer refused on the basis that her team was already working over capacity and facing burnout risks. The Fair Work Commission examined whether psychosocial risks to remaining staff members could constitute reasonable business grounds for refusing the extension request, ultimately granting only a modest extension rather than the full period sought.
Australia Employment
GC
Gilchrist Connell
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
Article
Court Of Appeal Clarifies An Employer’s Liability For Unlisted Prostheses In Bishop v Qantas Airways Ltd [2026] NSWCA 93
The New South Wales Court of Appeal has delivered a significant ruling on employer liability for medical devices not included on the Commonwealth Prostheses List. When an injured worker requires reasonably necessary treatment involving unlisted prostheses, does the absence from a regulatory list automatically relieve the employer of payment obligations, or does the fundamental statutory duty to cover necessary medical treatment prevail?
Australia Employment
CO
Carroll & O'Dea
Article
Workplace Sexual Harassment, Why Employers Must Look Beyond Their Own Staff.
A Federal Circuit and Family Court decision has established that contractors and customers can be held liable for sexually harassing employees under the Fair Work Act's 2023 provisions. The case resulted in $103,000 in damages and demonstrates how workplace sexual harassment laws extend far beyond traditional employer-employee relationships to encompass all work-connected interactions.
Australia Employment
CO
Carroll & O'Dea
Article
The Resignation That Wasn’t!
A Fair Work Commission ruling demonstrates that unclear employee statements during emotional or confusing circumstances may not constitute valid resignations. The decision in Jung Hong v Green Drake Pty Ltd examines how language barriers, distress, and ambiguous communication can transform what appears to be a resignation into an employer-initiated dismissal, creating potential liability under the Fair Work Act.
Australia Employment
CG
Clifford Gouldson Lawyers
Article
Flexible Work Requests – Lessons For The APS
Recent Australian Public Service census data reveals a growing trend in flexible work arrangements, supported by new enterprise agreement provisions. Two landmark Fair Work Commission decisions in Naden and Westpac now provide critical guidance on how employers must handle flexible work requests, highlighting the mandatory requirements and potential consequences of non-compliance that could result in orders granting employee requests even when business grounds exist for refusal.
Australia Employment
HR
Holding Redlich
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