Australia: Redundancy/Layoff

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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.

Defending Unfair Dismissal Claims: A Guide for NSW Employers

This article explains what you need to know to protect your business and mount an effective unfair dismissal employer defence.

Australia Employment

WT

Watkins Tapsell

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

It is not uncommon for employers to have a practice of making termination payments in the next pay cycle following termination of employment.

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Can redundancy pay be denied? FWC explains acceptable alternative employment

Recent FWC decision highlights a concept that often surprises employees: you may not be entitled to redundancy pay if you are offered acceptable alternative employment.

Australia Employment

JH

Jewell Hancock

Not acceptable in any workplace": The Fair Work Commission condemns a worker's "egregious" sexual remarks over two-way radio

Reminder to employers of the importance of well-drafted, tailored policies and training modules with respect to sexual harassment in the workplace.

Australia Employment

PA

Piper Alderman

Commission finds dismissal harsh despite "racist" comments at toolbox meeting

Australia Employment

PA

Piper Alderman

Termination lessons from Amazon's email blunder, layoff of 16,000 jobs

Australia Employment

S

Swaab

Unfair Dismissals: Reasonable Redeployment Opportunities

Australia Employment

CG

Coleman Greig Lawyers

Terminating an employee based on their inability to perform the inherent requirements of a job

Australia Employment

CG

Coleman Greig Lawyers

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

Australia Employment

HR

Holding Redlich

QCAT finds nurse guilty of professional misconduct after criminal convictions

Australia Employment

HP

Hall Payne Lawyers

Forced To Quit? The Hidden Cost Of Poor Investigations.

Australia Employment

CG

Clifford Gouldson Lawyers

Redundancy Case Update - What Employers Need To Know

Australia Employment

MD

McCarthy Durie Lawyers

Redundancy payments and early termination payments should not be included in PAWE

Australia Employment

M

McCabes

Dismissed by ChatGPT: The decent thing to do?

Australia Employment

CG

Clifford Gouldson Lawyers

Podcast: SMSFs With CGW – What Is Happening With Division 296 Tax? (Tax On Large Superannuation Balances)

CG

Cooper Grace Ward

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

SF

Spruson & Ferguson

How Psychosocial Safety Now Sits At The Heart Of Workforce Change

Australia Employment

IL

Ius Laboris

TMT trends 2026: cyber security and online safety

Australia Technology

CC

Corrs Chambers Westgarth

Removal from WhatsApp groups used for rostering can amount to dismissal

Australia About Mondaq

GC

Gilchrist Connell

Cause And Consequence: Show Cause Letters In The Landscape Of The Workplace

Case underscores how procedural missteps or perceptions of unfair treatment during disciplinary processes can trigger or exacerbate psychological injury claims.

Australia Employment

BP

Bartier Perry

Redundancy Under Scrutiny: High Court Sets New Standards

The Court has confirmed that employers must adopt a broader and more practical view of redeployment opportunities before concluding that a dismissal amounts to a "genuine redundancy".

Australia Employment

ML

MDC Legal

Uber Driver To Be Paid "Lost Pay" Following Unfair Deactivation

The remedies available to employee-like workers of digital labour platform operators under the relatively new "unfair deactivation" provisions.

Australia Employment

PA

Piper Alderman

Redundancy rules reconsidered: Landmark High Court ruling on redeployment

HC ruled employers must consider redeploying redundant staff into contractor roles where reasonable, broadening redeployment duties under the FWA.

Australia Employment

GC

Gilchrist Connell

SafeWork NSW and the High Court are reshaping redundancy. Are you ready?

Australia Employment

M

McCabes

Employees over contractors: the redeployment preference?

Australia Employment

BP

Bartier Perry

Employment Law In Australia - An Overview

Australia Employment

LS

Lewis Silkin

High Court clarifies scope of genuine redundancy under the Fair Work Act

Australia Employment

BN

Barry Nilsson

Federal Court delivers historic $90 million fine to Qantas for 1,820 illegal dismissals

Australia Employment

CG

Cooper Grace Ward

High Court redundancy ruling allows FWC to question if all possible redeployment options have been considered

Australia Employment

K

Kennedys

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

Major rethinking on redundancy: High Court clarifies redeployment obligations for ‘genuine redundancy'

Australia Employment

CG

Cooper Grace Ward

Dismissal Decisions And Mental Health Issues – What Do You Need To Be Aware Of As An Employer?

Australia Employment

PP

Pointon Partners

High Court ruling reshapes redundancy considerations for employers

Australia Employment

HR

Holding Redlich

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

Major rethinking on redundancy: High Court clarifies redeployment obligations for ‘genuine redundancy'

Recent HC decision held employers must consider redeployment, including replacing contractors, before making redundancies.

Australia Employment

CG

Cooper Grace Ward

Dismissal Decisions And Mental Health Issues – What Do You Need To Be Aware Of As An Employer?

Dismissal decisions can also become particularly sensitive where the employee concerned is also dealing with mental health issues.

Australia Employment

PP

Pointon Partners

High Court ruling reshapes redundancy considerations for employers

Redeployment opportunities in the context of redundancy are not only confined to vacant roles.

Australia Employment

HR

Holding Redlich

Employee Awarded $305k In Record Sexual Harassment Payout

Australia Employment

S

Swaab

Can my employer dismiss me over a social media post?

Most workplaces have Social Media policies, outlining expectations for online behaviour - both during and outside of work hours.

Australia Employment

JH

Jewell Hancock

Workplace relationships: The legal position (Coldplay concert edition)

Workplace relationships aren't banned, but conflicts of interest must be disclosed—especially where power dynamics or secrecy exist.

Australia Employment

S

Swaab

Michael Byrnes appeared on ABC News Radio on 21 July 2025 to discuss the issue of workplace relationships and that Coldplay concert

Even if it's not captured at a Coldplay concert, are there any legal implications to workplace relationships?

Australia Employment

S

Swaab

Rethinking Redeployment In The Work-From-Home Era

As flexible and remote working become a fixture of modern working life, employers are grappling with how these arrangements affect redundancy and the consideration of other acceptable employment.

Australia Employment

IL

Ius Laboris

Medical examinations and lawful directions reaffirmed: when non-compliance constitutes serious misconduct

Australia Employment

CG

Cooper Grace Ward

Nurse awarded $350,000 in compensation plus penalties following successful adverse action and discrimination claims

Australia Employment

CG

Cooper Grace Ward

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

Australia Employment

CG

Cooper Grace Ward

Is an employee's secret recording of a workplace conversation a valid reason for dismissal?

Australia Employment

HW

Holman Webb Lawyers

Hiring and Firing Essentials for Healthcare Providers

Australia Employment

L

LegalVision

Adaptation is more than work history

Australia Employment

M

McCabes

Michael Byrnes is quoted in the article, "How to navigate misconduct investigations involving mental health challenges".

Australia Employment

S

Swaab

When workplace policies become enforceable legal obligations with significant risk: Lessons from the High Court's decision in Elisha v Vision Australia

Australia Employment

PA

Piper Alderman

Termination of Employment – Getting It Right the First Time

Australia Employment

RC

Rostron Carlyle Rojas

A Shake-Up of an Old Rule: Damages for Psychiatric Injury for Terminating an Employee's Employment

Australia Employment

ML

MDC Legal

A new era – botched disciplinary and dismissal processes can give rise to psychological injury claims says the High Court of Australia

Australia Employment

BP

Bartier Perry

Can I Dismiss Employees Whose Jobs Have Been Replaced by AI?

Australia Employment

L

LegalVision

Case summary: Warren Power v Lyndons Pty Ltd T/A Lyndons [2023] FWC 1060 (5 May 2023) – Unsuccessful unfair dismissal claim due to harassment

Australia Employment

CO

Carroll & O'Dea

When is alternative employment suitable? Commission considers the scope of section 120

Australia Employment

PA

Piper Alderman

Is it reasonable to redeploy employees to roles occupied by contractors?

Australia Employment

HW

Holman Webb Lawyers

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