Australia: Unfair/ Wrongful Dismissal

The High Court's decision in Helensburgh Coal Pty Ltd v Bartley & Ors examines whether employers must consider restructuring their workforce arrangements, including labour hire and outsourcing, when assessing redeployment options during redundancies. This landmark ruling clarifies the Fair Work Commission's authority to scrutinize operational decisions and workforce composition when determining if a dismissal constitutes genuine redundancy under the Fair Work Act 2009.

A recent Full Bench decision confirms that employers cannot rely on genuine business reasons alone to justify redundancy dismissals. Even when workforce reductions are commercially necessary, failure to conduct meaningful consultation with affected employees can result in unfair dismissal findings and substantial compensation awards, regardless of business size.

Australian courts are increasingly examining whether the Fair Work Act applies to employees working entirely overseas. A recent Fair Work Commission decision reveals that jurisdiction may hinge not on where an employee performs their duties, but on the technical question of where the employment contract was legally formed—with significant implications for employers managing remote and offshore workforces.

A number of significant employment law reforms will take effect on 1 July 2026.

When an employee arranged rubber ducks in a pentagram formation as a workplace prank, her employer swiftly terminated her employment for alleged bullying and workplace safety concerns. The Fair Work Commission examined whether this hasty dismissal was justified, revealing critical lessons about balancing health and safety obligations with fair disciplinary procedures.

The FWC decision in Haque v dnata highlights the risk of treating absence as abandonment. Employers should focus on the employee’s conduct and follow a clear termination process.

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

Recent decision confirms employers can lawfully require workplace attendance & refusal may justify dismissal.

This decision is a timely reminder for employers to properly manage workplace complaints, particularly around bullying and harassment.