Topic
18 articles from our Tips & Trends archive.
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 recently in Young [2025] FWC 2834 dismissed a bullying claim brought by a public sector employee, finding that the Department acted reasonably in placing him on a three-day work week while he recovered from a previous toxic workplace experience.
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All businesses experience the pre-Christmas rush. Workplaces seek to ‘clear the decks’ before they ‘deck the halls’ with their family and friends, and this in turn places additional demands on other workplaces. The cycle is unhelpful for all businesses and is likely to contribute to fatigue of workers. Will this year be any different?
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In Fernandez v Australian Postal Corporation [2025] FCA 1144 the Federal Court quashed an Administrative Appeals Tribunal decision that had rejected a postal worker’s psychological injury claim on the basis of "maladaptive personality characteristics".
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In (Mr Bertus Moers v The Trustee For Williamson Family Trust [2025] FWC 1344 (14 May 2025)) FWC confirmed that an employer properly dismissed a worker for deliberately failing to comply with a contractual term in their contract which required them to participate in medical examination to determine their FFW.
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The NSW government has released an exposure draft to amend its workers compensation legislation which will in summary provide: • New definition of “psychological injury” • New criteria for establishing an entitlement for compensation for psychological injury • Additional criteria for establishing an entitlement for compensation for psychological injury caused by "sexual harassment", "bullying" or "racial harassment" • Clarification of what constitutes “reasonable management action” and the circumstances in which compensation will not be awarded for psychological injury. • Modernising benefits and compensation thresholds to better reflect the cost of living and community expectations (s 32AA).
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No - according to the NSW Government who in its recent report to address the sustainability of the workers compensation system concluded that employers can expect the premiums to rise by 36% over the next three years to 2027 – 2028.
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Possibly - if any of the FWC’s recent decisions indicate a ‘trend’ to be concerned about. Prior to the end of 2024, employers were rightly confident that breaches of their Alcohol and Other Drugs (AOD) Policy provided a valid reason for dismissal and, depending on the seriousness, it was not unfair for an employee to have lost their job. However, a raft of recent FWC decisions appear to have adopted a ‘new approach’ whereby this has been significantly called into question.
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Safe Work Australia has released its latest report outlining the key WHS statistics across Australia (click here). These statistics provide a good indicator, consistent with risk management principles, of where ‘more focus’ should be implemented across ‘most’ workplaces.
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Worksafe’s (Vic) annual report provided further confirmation of what a number of WHS commentators have already known – that is, our RTW plans for mental health issues are ineffective, or worse keep, our injured employees ‘injured’.
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All businesses experience the pre-Christmas rush. Workplaces seek to ‘clear the decks’ before they ‘deck the halls’ with their family and friends, and this in turn places additional demands on other workplaces. The cycle is unhelpful for all businesses and is likely to contribute to fatigue of workers. Will this year be any different?
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The Safety Regulator has charged a Director and his business with recklessly endangering a fatigued delivery driver who was killed in a car accident after 12 hours into a shift delivering goods to various locations.
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Employers take heed. The new head of SafeWork Australia, Marie Boland, in recently releasing the latest SWA report into psychosocial safety, warned employers that they need to take greater efforts into managing escalating mental health compensation claims.
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All businesses experience the pre-Christmas rush. Workplaces seek to ‘clear the decks’ before they ‘deck the halls’ with their family and friends, and this in turn places additional demands on other workplaces. The cycle is unhelpful for all businesses and is likely to contribute to fatigue of workers. The post COVID-19 work spike has been well documented. For a lot of businesses, there has been no respite
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The Melbourne Magistrate’s Court recently fined Court Services Victoria nearly $380,000 as a result of a toxic workplace culture that it considered had contributed to a Coroner’s Court lawyer’s suicide.
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FWC recently upheld (Sheldon Haigh v Platinum Blasting Services Pty Ltd [2023] FWC 2465) the dismissal of an employee for failing, as per the employer’s policy, to disclose his use of prescription medical marijuana even though he disclosed it during a testing process and passed the test.
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The short answer is still “no”.
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