Employee Chose to Quit Despite Employer's "Above and Beyond" Support: FWC
The Fair Work Commission dismissed a general‑protections claim that a Cairns Regional Domestic Violence Service employee was forced to quit due to unaddressed psychosocial risks. Deputy President Nicholas Lake concluded the employee resigned voluntarily and found the employer acted in a timely, comprehensive, and supportive manner. The employee alleged issues such as understaffing, isolation, expanded duties, lack of supervision, and missing investigation report details. The employer’s jurisdictional objection argued the case did not involve a dismissal, which the Commission accepted.
Who's Moving up in HR Roles so Far in 2026
Senior HR and people‑culture leaders are reshuffling across tech and advisory firms in Q1 2026. BDO promoted Kerry Atkinson to chief people officer and added Willem Olivier as chief risk officer, underscoring a focus on governance and employee experience. The...
Gap Between Leaders' Intentions and Impact Undermines Culture
Leadership strategist Preetie Boler warns that many managers confuse good intentions with effective outcomes, creating a hidden "invisible gap" between what they aim to do and how employees experience it. The gap manifests when defensive tones undermine feedback, a lack...
Employee "Disregarded Facts" And Made "Egregious Misrepresentations"
The Fair Work Commission reprimanded an employee who continued to rely on AI‑generated submissions for his general‑protections claim after the tribunal deemed the material incoherent and misleading. The employee alleged he was forced to quit after being reassigned to labouring...
Scrapping Junior Rates "Not the Right Step" Amid High Youth Unemployment
The Fair Work Commission has voted to eliminate junior pay rates for employees aged 18 and over in three modern awards. Workplace lawyer Brett Feltham warns that the change could dampen employers' willingness to hire younger staff. The Australian Chamber...
"Highly Critical" Email Clearly Breached Employer's Code of Conduct
The Western Australian Industrial Relations Commissioner ruled that a handyman’s email to East Metropolitan Health Service breached the employer’s code of conduct, describing it as “extremely inappropriate.” The message contained untested, serious allegations against multiple managers, contradicting the employee’s claim...
Employer Ordered to Compensate Manager for "Extremely Harsh" Dismissal
The Fair Work Commission ruled that a senior manager at Tamworth Dementia Respite Service was dismissed in an “extremely harsh” manner after taking leave for a psychological injury and being falsely accused of financial mismanagement. The Commission found the accusations...
Employee Awarded $90k in First S-Xual Harassment Ruling of Its Kind
Australia’s Federal Circuit Court ordered a café owner to pay $90,000 AUD (about $60,000 USD) in compensation and penalties to a former employee, marking the first published decision under the 2023 Secure Jobs, Better Pay reforms. The claim was brought under section 527D...
Webcast: A New Framework for Thriving Workplaces
A new webcast introduces a proactive framework for thriving workplaces, shifting focus from merely managing psychosocial risks to cultivating protective, positive work elements. It highlights gaps in traditional safety approaches and outlines a three‑level model that moves organizations from risk...
$382k Race Discrimination Ruling a "Good Example" For Employers
A recent general protections claim resulted in a $382,000 award for race discrimination, illustrating that courts interpret race discrimination statutes broadly. Lily Schafer‑Gardiner of HWLE Lawyers explained that, unlike other protected classes, plaintiffs need only show a connection between unfair...
Employees Can't Avoid Performance Scrutiny with Bullying Claims: FWC
The Fair Work Commission dismissed a stop‑bullying application filed by a University of Notre Dame program manager, ruling that employees cannot evade standard performance scrutiny by alleging bullying. Commissioner Stephen Crawford described the employee as challenging and found the manager’s...
HR Must Be Able to Answer AI Accountability Questions
HR leaders are increasingly deploying AI tools for hiring, yet many cannot explain how these systems influence decisions. Experts differentiate between low‑risk summarisation tools that merely assist humans and higher‑risk scoring or ranking algorithms that can replace human judgment. The...
Criminal Charges and Failure to Disclose Didn't Warrant Termination
The Fair Work Commission ruled that Queensland Rail Transit Authority’s termination of a tutor driver for failing to promptly disclose criminal charges was not justified. Deputy President Peter O’Keeffe held that a code of conduct cannot be enforced for off‑duty...
Webcast: Workplace Discrimination Update
A new webcast reviews recent federal court rulings that finally reach a hearing on workplace discrimination, delivering practical guidance for employers. It dissects how judges interpret statutes across direct and indirect discrimination, disability accommodations, age, race, and sexual harassment. The...
Upcoming Webcast: Appealing FWC Decisions
Dentons partner Paul O'Halloran will host a pre‑recorded webcast on appealing Fair Work Commission (FWC) decisions, offering a fireside‑style discussion with HR Daily editor Jo Knox. The session covers eligibility criteria, the public‑interest test, evidence preparation, hearing formats, cost orders,...
AI Gave Employee "False Sense of Security" About Workplace Communications
An Australian Fair Work Commission upheld the dismissal of a senior Java developer at Fujifilm Data Management Solutions after he used AI to draft workplace complaints and responses. The commission found the AI-generated messages gave the employee a false sense...
GP Amendments 'Under Consideration'; Consultation "Trigger" Stays, for Now; and More
The Australian government is reviewing amendments to the General Protections (GP) provisions of the Fair Work Act. A consultation “trigger” that would require employer‑employee input on certain changes has been postponed until 2027. Meanwhile, the Minister is weighing broader Fair...
Redefine 'Performance' To Address Discretionary Pay Gaps
Australia’s latest Workplace Gender Equality Agency (WGEA) report reveals a median 29.7% gap in discretionary payments, meaning half of employers give men nearly thirty percent more in bonuses, overtime and other variable pay. The analysis links the disparity to entrenched...
Manager's Bullying 'Fixation' Overshadowed Real Dismissal Reasons
An Australian Federal Circuit Court dismissed a former Toll Transport general manager's adverse‑action claim, finding his termination was driven by a leadership overhaul aimed at boosting productivity, not by his complaints of bullying. The manager received three months’ notice and...
Five Beliefs and Behaviours Keep Overachievers "Stuck"
Performance strategist Fleur Marks’ new book, *The Overachiever’s Reset*, pinpoints five beliefs that keep high‑performers stuck. She labels them the five Ps—perfectionism, people‑pleasing, proving, performing, and pushing through—behaviours that fuel relentless work but can jeopardise health. After a personal health crisis...
FWC Rejects WFH Was Necessary to Accommodate ADHD, Anxiety
Australia’s Fair Work Commission ruled that an employer was justified in refusing a request for full‑time remote work from an employee with ADHD and anxiety after the company had already provided adjusted hours and a trial return‑to‑office arrangement. The employee...
Contingent Workforce Misclassification Poses Ongoing Prosecution Risks
Employers face heightened prosecution risk over contingent worker misclassification as regulators intensify enforcement. Recent 2024 Closing Loopholes amendments overturn the previous reliance on written contracts, reverting to a substantive, multifactor test rooted in 2022 High Court rulings. The shift reintroduces...
Stop-Bullying Orders Denied for Employee Who Engaged in "Spiteful Campaign"
The Fair Work Commission refused to issue a stop‑bullying order for a Telstra employee who alleged bullying by two managers while on leave. Deputy President Nicholas Lake described the employee’s actions as a “spiteful campaign” and ruled that the alleged...
Ownership "Grey Zone" Stalls AI Adoption; HR Leaders Report Roadblocks
A new ELMO benchmark report reveals that only 12% of Australian HR leaders view their teams as responsible for AI adoption, while 39% say IT should own it entirely. The survey of over 900 HR professionals shows a clear ownership...
Q&A: AI Class Action Has Major HR Implications
Employers are likely to encounter intensified scrutiny over AI‑driven hiring after a class‑action lawsuit targets a recruitment software provider for alleged bias. The case, distinct from earlier AI litigation, highlights legal exposure for companies using automated decision‑making tools, especially in...
Employer Shuts Down Future Claims From Vexatious Employee
World Vision Australia secured a Federal Court vexatious proceedings order against a former employee who, after being dismissed during his probationary period, launched multiple lawsuits alleging adverse action, unlawful termination, overtime under‑payment, and defamation. Justice Darryl Rangiah found the employee’s...
P&C Team's Consultation Failures Meant Redundancy Wasn't Genuine
The Fair Work Commission ruled that Triple Zero Victoria’s people and culture (P&C) team failed to hold a timely redeployment discussion with a senior trainer, rendering his redundancy non‑genuine. The commission also found the team breached significant elements of its...
FWC Distinguishes Between Employment Contract and Relationship
Australia’s Fair Work Commission ruled that a binding employment contract does not automatically create an employment relationship capable of termination. In a case involving Abergeldie Personnel, the Commission found that although a formal offer letter was issued on 29 August...
Workforce Data Helps Employers Address Neuroinclusion Barriers
A first‑of‑its‑kind guide released by Diversity Council Australia and autism advocate Amaze outlines how employers can capture and report neurodiversity data. Drawing on academic research and a survey of nearly 3,000 workers, the guide provides a practical framework for identifying...
Employer Liable for Psych Injury After "Unreasonable" Staffing Decisions
Queensland’s Industrial Relations Commission ruled that an employer was liable for a psychological injury after it replaced a full‑time executive support officer’s colleague with two untrained casual workers, creating an unreasonable workload. The employee, who resigned in October 2022, claimed...
Reframing Leadership Underpinned Employer's Hybrid Success
A four‑year study of mid‑size Italian firm LARI shows that reframing leadership as a trust‑based, outcome‑oriented practice boosted its hybrid work performance. Researchers found that treating technology as a social infrastructure, rather than merely an operational tool, deepened collaboration. Led...
From Case to Culture: Holding Managers Accountable for Managing
Senior leaders are expected to gauge how well their direct reports manage their teams, yet many lack insight into lower‑level dynamics. This blind spot can allow problematic behaviors, such as bullying or micromanagement, to persist unchecked. A recent unfair dismissal...
Views Divided on FWA Amendments; Super Reforms Pass Parliament; and More
The Australian Parliament approved a suite of superannuation reforms designed to make retirement savings more equitable, while proposed amendments to the Fair Work Act (FWA) have sparked a split response among policymakers and unions. Parallel to these moves, business groups...
Employer's Failure to Clarify Role Confusion Was a Constructive Dismissal
An Australian Fair Work Commission tribunal concluded that EPEC Group’s failure to clarify a senior accountant’s role led to a constructive dismissal. The employee resigned, believing relocation was her only option, after the company appointed a new head of finance...
$680k Awarded to Sacked Manager Who Felt as if "the Bad Guys Had Won"
The Federal Circuit Court awarded $680,000 to a former regional operations manager of St Vincent de Paul Society Queensland after finding she was unfairly dismissed for serious misconduct. The court concluded the employer’s breach of the Fair Work Act aggravated her pre‑existing...
Without Guardrails, the Workplace Can Become a "Stress Amplifier"
World events, especially the ongoing Middle East conflict, are spilling into office spaces, triggering heightened stress among employees. Leadership specialist Kris Grant warns that graphic news coverage can linger in meetings, task gaps, and personal thoughts, intensifying anxiety and impairing...
$125k Costs Ordered Against Employee with "Dollar Signs in His Eyes"
The Federal Circuit Court ordered a former casual employee of Tasman Rope Access to pay $125,000 in the employer’s legal costs after dismissing his discrimination claim. The judge found the employee’s conduct in the general‑protections proceeding to be manifestly unreasonable....
HR Manager Wins Rare Suppression Order After Sharing Sensitive Information
The Fair Work Commission granted a limited suppression order to redact portions of a published decision after an HR manager for disability‑services provider Hands On People realized she had inadvertently included sensitive personal and medical information as evidence. The manager...
Mental Decluttering Relieves Stress and Improves Decision-Making
Therese Yeung, an accredited coach, explains that the brain fixates on unfinished tasks, creating mental clutter that drains leaders' energy. Practicing mental decluttering—whether of physical, digital, or thought spaces—provides immediate tension relief and a feeling of lightness. This clearing isn’t...
Costs Ordered for Manager Whose $55m Claim Was "Objectively Untenable"
The Federal Court ordered a former TechnologyOne regional manager to pay costs after his $55 million wrongful‑dismissal claim was judged objectively untenable. Justice Shaun McElwaine noted that a $2.2 million settlement was the most realistic outcome given the claim’s inherent weakness and...
Initial Response to FWC Claims Can Undermine a Defence
Employers and HR practitioners often make avoidable errors after terminating staff, raising the risk of losing Fair Work Commission (FWC) claims. Paul O'Halloran of Dentons warns that dismissals without a release agreement practically guarantee a claim. The most frequent defence...
Employee Who "Couldn't Count on HR" Wasn't Forced to Resign
The Fair Work Commission ruled that a former McPherson Media Group cadet journalist’s resignation was not forced, despite her claim that HR failed to address workplace complaints. The commissioner found the employer continued to engage with her performance issues and...
Court Ruling Highlights General Protections Regime Is a "Different Beast"
The Federal Circuit Court ordered Alfred Health to pay $30,000 after finding it engaged in unlawful adverse action against an aged‑care nurse practitioner. The judge highlighted the employer’s failure to review its procedures despite the ruling, emphasizing a need for...
Post-Pregnancy Returns Overlooked in Risk Management Strategies
Returning to work after pregnancy presents significant retention, safety, and legal risks that many employers overlook. HR expert Amanda Mitton highlights frequent mishandlings, such as revoking graded return agreements and using maternity‑leave fill‑ins to block previous roles. These practices can...
Expert Evidence Helps Employer Defend Policy Breach Sacking
A safety‑critical employee at Cement Australia’s Railton plant was summarily dismissed after a random drug test detected amphetamines and methamphetamines. The employee appealed to the Fair Work Commission, arguing the breach of the company’s drug‑and‑alcohol policy was an isolated, inadvertent...
"Terrible" Bully Sentenced; Why Behaviour Training Fails; and More
A workplace bully was sentenced after a court found his conduct “terrible,” underscoring growing legal scrutiny of harassment. At the same time, experts warned that many organisations rely on superficial behaviour‑training programmes that rarely change outcomes. Policy makers are also...
Busting Age-Related Myths Can Unleash a Suite of "Superpowers"
Career coach Robyn Greaves argues that age‑related myths about declining productivity are false, highlighting that workers over 50 bring heightened empathy, creativity, systems thinking and wisdom. She cites a longitudinal study linking optimism in later life to longer longevity, suggesting...
"Likely Permanence" Of Employee's Incapacity Meant Dismissal Was Fair
The Fair Work Commission ruled that dismissing a WorkSafe Victoria inspector was fair because medical evidence indicated his post‑traumatic stress disorder was likely permanent. Commissioner Emma Thornton accepted that the employee’s capacity to perform any role was doubtful, removing the...
"Signals of Silence" Sustain and Perpetuate WSH
New research reveals that subtle social cues, termed "signals of silence," enable workplace sexual harassment to persist. The study, led by Angela L. Workman‑Stark at Athabasca University and published in Human Resource Management, argues that existing anti‑harassment policies over‑focus on...
Feedback Meeting Was Reasonable Despite Employee's "Palpable Outrage"
A Queensland Industrial Relations Commission ruled that a temporary teacher at Tagai State College is not entitled to workers' compensation for a psychological injury claimed after a feedback meeting. The commissioner described the employee's reaction as driven by personal perception...