Australia: Unfair/ Wrongful Dismissal

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.

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.

When employers are confronted with employees who have been absent for prolonged periods, it may be appropriate to require and, in some circumstances, direct an employee to attend an independent medical examination (IME).

The Albanese Government has moved to address the Fair Work Commission's mounting caseload, particularly in unfair dismissal and general protections dismissal matters.

On June 3, 2026, the Australian Government introduced into Federal Parliament the Workplace Relations Legislation Amendment (Building Cooperative Workplaces No. 1) Bill 2026 (Bill).

Two recent Fair Work Commission decisions clarify the boundaries of acceptable teacher conduct when disciplining students, with one dismissal upheld for physical contact and another overturned as unfair. These cases provide crucial guidance for schools navigating staff discipline while managing unfair dismissal risks.

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

Termination—by either party—is only valid if done according to the contract's termination clause and any applicable industrial instruments.

Discusses recent case where the employee brought proceedings against the employer, alleging discrimination on the basis of disability. Who won?