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Actionable steps and real-world commentary on topical issues in the world of employment and safety law.
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Unions NSW’s Ready, Willing, Unable report (the Report) is a significant warning to all workplaces and a timely reminder to employers that compliance with the Respect@Work obligations requires proactive and preventative management.
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The Victorian County Court has significantly increased a workplace health and safety penalty, from $32,500 to $110,000—after finding the original fine inadequate given the seriousness of the offence and the maximum available penalty of over $2 million.
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A recent decision of the Full Court of the Federal Court Commissioner of Taxation v Baya Casal [2026] FCAFC 11 (20 February 2026) has sharpened what employers must examine when deciding whether a redundancy payment is a tax-free “genuine redundancy payment” or a taxable employment termination payment (ETP).
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A FWC full bench has upheld (MQT Pty Ltd v Chantelle Tamati [2025] FWCFB 265 (20 November 2025)) a $63,500 compensation order for an employee dismissed after refusing a drug and alcohol test following a four-hour lunch at a pub primarily on the basis that the employer failed to strictly follow its own drug and alcohol policy and did not properly explain why the test was required.
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The Federal Circuit and Family Court has ruled (Mullaney v Qube Ports Pty Ltd [2025] FedCFamC2G 1784 (30 October 2025)) that an employer did not breach anti-discrimination laws when it dismissed an employee who could no longer perform the inherent requirements of his role due to degenerative medical conditions.
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FWC (Mr Luke Wilson (nee Miller) v Services Australia [2025] FWC 3328) recently awarded $33,348.62 plus superannuation to a former employee after finding his resignation amounted to a constructive dismissal. FWC ruled the employer should have given the employee “space” to recover his mental health before treating his resignation as final.
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FWC (Hayley Lord v Millet Hospitality Geelong Pty Ltd [2025] FWC 2740) has criticised a small business for using an email drafted with ChatGPT, to inform a long-serving supervisor of her retrenchment, finding the approach failed to meet “basic standards of decency".
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FWC (Karlene Chandler v Westpac Banking Corporation [2025] (20 October 2025)) has allowed an employee to WFH on a ‘permanent basis’ to care for her children, finding “no question” her role could be performed entirely remotely.
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FWC recently (Angela Paladino v The University of Melbourne [2026] FWC 559 (23 February 2026) showed reinstatement orders are still very much ‘on the table’ and provided a clear reminder on how to conduct effective performance management by reinstating an employee of 27 years service who received an "exceeds expectations" score shortly before she was dismissed because of complaints about her conduct from other employees.
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