Navigating organisational change and whistleblower protection
The Full Federal Court has backed Neometals’ decision to make an executive redundant, despite them claiming to be protected by whistleblower laws. This decision is a win for businesses and demonstrates the need for companies to have robust whistleblowing policies in place. Background The Full Federal Court handed down its decision on 4 May 2026 […]
ReadmoreThe impact of Generative AI on the Fair Work Commission
AI is quickly becoming the new normal for the Fair Work Commission (Commission), prompting Justice Hatcher, President of the Commission to publish a statement[1] and an exposure draft of the proposed Guidance Note: Use of Generative Artificial Intelligence in Commission cases (GenAI Guidance Note)[2]. The GenAI Guidance Note comes after growing concerns that the Commission […]
ReadmoreReturn to the office: Can employees be directed back into the office?
Background The Fair Work Commission (FWC) has found that an employer’s decision to dismiss an employee on the basis that they refused to attend the office three days a week was not harsh, unjust or unreasonable in the recent case of Mr Richard Johnson v PaperCut Software Pty Ltd[1] (Johnson v PaperCut). Richard Johnson (Mr […]
ReadmoreI’m working from home today: Lessons from Louise v Metcash
Background The Fair Work Commission has made orders requiring an employer to grant an employee’s request for an exemption from its return to the office mandate. Catherine Louise was employed by Metcash Trading Limited (Metcash) on a full-time basis in an administrative capacity. She had worked remotely since commencing employment with Metcash during the COVID-19 […]
ReadmoreIt’s my right: The state of the debate on proposed work from home rights
Last month, Victorian Premier Jacinta Allan, announced that the State Labor Government plans to introduce legislation establishing a right to work from home before the 2026 state election. Labor’s proposal would give both public and private sector employees the right to work from home at least two days a week if they can reasonably perform […]
ReadmoreThe right to work from home: Premier Allan’s promise to Victorian voters
Over the weekend, Victorian Premier Jacinta Allan announced that the State Labor government intends to legislate a right to work from home at least two days a week for public and private sector employees. The Government plans to undertake consultation with relevant stakeholders to determine the appropriate form for these laws, with a view of […]
ReadmoreShow some restraint: the Federal Government’s changes to non-compete clauses are coming
Minister for Employment and Workplace Relations, Amanda Rishworth, has confirmed that Labor will press ahead as a “real priority” with their election commitment to ban non-compete clauses for low and middle-income earners. These proposed reforms are part of a broader agenda aimed at “encouraging aspiration, unlocking opportunity, lifting wages and making Australia’s economy more dynamic […]
ReadmoreRestricting the restraints: The government’s latest proposal
The Federal Government’s budget announcement on Tuesday included a significant workplace proposal to ban post-employment non-competition restrictions for some employees. A restraint of trade providing for non-competition restrictions are clauses that purport to limit competition with a previous employer for a period of time, and within a specified geographical location, after an employee has left […]
ReadmoreFederal Court declines to stay restraint challenge despite foreign jurisdiction clause
In the decision of Harman v Opus Recruitment Solutions – Australia Pty Ltd (Stay Application) [2024] FCA 1356, the Federal Court of Australia declined to stay proceedings brought by a former employee who sought to challenge the validity of his post-employment restraints in his employment agreement and shareholders’ agreement despite the fact that the shareholders’ […]
ReadmoreHigh Court rules employer liable for psychiatric injuries resulting from breach of employment contract
In the recent decision of Elisha v Vision Australia Ltd [2024] HCA 50, the High Court allowed an appeal awarding $1.44 million in damages to a former employee for psychiatric injuries resulting from breach of a disciplinary procedure contained in an employment contract. Background Mr Adam Elisha was employed by Vision Australia as an adaptive […]
ReadmoreCosts, caution and consequences: ‘Rare’ ruling against a paid agent
In the recent decision of Flexy Services Pty Ltd v Mr Brian Newman [2024] FWC 2840, the Fair Work Commission (FWC) made a costs order against a paid agent who represented an employee in making a general protections claim against her employer. Background Ms. Georgina McBride was engaged as a casual employee by Flexy Services Pty […]
ReadmoreContractor by name, employee by nature: FWC’s latest call
In the recent decision of Pascua v Doessel Group Pty Ltd [2024] FWC 2669, the Fair Work Commission (FWC) considered whether a Philippines-based legal assistant who performed work for a law firm in Queensland was an employee or an independent contractor. Background The applicant was engaged under a contract dated 21 July 2022 which was […]
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