News and Insights

General protection claims (otherwise known as adverse action claims) are increasingly becoming the 'go to' weapon of choice for disgruntled employees looking to challenge a decision of their employer or former employer. In one of the biggest damage

The Fair Work Commission has upheld a recent decision to dismiss a bank manager who sexually harassed a work colleague while intoxicated at an ‘out of hours’ work-related social event, notwithstanding his long period of service of 35 years and pr

In a discipline process leading to a dismissal, employees protected from unfair dismissal by the Fair Work Act 2009 (Cth) (the Act) must be provided with an opportunity to respond to the reason for their possible/proposed dismissal before a decision

In this article, we discuss how victims of sexual assessment in the workplace can now apply to the Fair Work Commission (FWC) for an order to ‘stop sexual harassment’. From 11 November 2021, the FWC's powers have expanded to include the power

The Fair Work Commission’s Full Bench has recently considered whether a binding settlement agreement had been reached earlier by the parties prior to the hearing of an unfair dismissal claim.  In this article, we discuss the facts and the guiding

A full bench of the Fair Work Commission has found that a period of “regular and systematic” casual service with an employer, followed by a transition to permanent employment with the same employer, will be included in the total service period u

This article is the second of a two part summary outlining the key recommendations made in the Productivity Commission’s Workplace Relations Framework Productivity Commission Inquiry Report (Report). To read the first part of the summary recently

For employers, effectively managing ill (whether physically or mentally) or injured workers is one of the most problematic areas of human resource management.  It is fraught with numerous regulatory and litigation risks, including for managers and