All publications relating to ‘Employment’
Federal Budget 2025: Limitation on Non-Compete Clauses
As part of the 2025 Federal Budget, the government has announced a prohibition on non-compete clauses for employees earning less than the high income threshold (presently $175,000 per annum). It is planned that the change will take effect in 2027. There is nothing for employers to do at the moment, although both business…
FWC Sets Bar High for Policy Changes
In the recent unfair dismissal decision of Craig Hancock v Sydney International Container Terminals Pty Limited [2025] FWC 516, Deputy President Wright of the Fair Work Commission (FWC) set the bar high for employers wanting to rely upon policies, or changes to policies, to terminate employment, even when those policies relate to…
Dismissal and Damages for Psychiatric Injury: A Contractual Trap
In the recent decision of Elisha v Vision Australia Ltd [2024] HCA 50 the High Court of Australia held that damages for psychiatric injury were available to an employee in circumstances where the injury arises from the manner of the employee’s dismissal. In this case the employee was awarded close to $1.…
Valentine’s Day in the Workplace (2025 Edition)
Valentine’s Day, the celebration of romance and romantic love, takes place annually on February 14.While many assiduously avoid what they consider to be a crass commercialisation of intimate relationships, other embrace with relish the opportunities it presents to either affirm or pursue romance,A few years ago, extensive media coverage (usually with accompanying commentary…
The Employment Reality of TV Fame (2025 Edition)
Reality television shows thrive on intrigue and drama. A key component of successful reality TV shows is the contestant viewers love to hate; the villain who, for a brief period of time, becomes Public Enemy No. 1. Of course, being cast in that light on a TV show can damage the reputation of…
Australia Day Substitution: The Legal Issues (2025 Edition)
It has been reported that some of the largest employers in Australia, including Telstra, Commonwealth Bank and AustralianSuper, are giving employees the option of working on Australia Day (January 26) and taking that public holiday at another time. This development in recent years has arisen from both a general trend towards flexibility in…
‘Tis the Season to Avoid Folly: Workplace Christmas Parties (2024 Edition)
It’s that time of year. The ‘Silly Season’. For many organisations, the official employer Christmas party is imminent.The starting point for office Christmas parties is that they are an extension of the workplace — employers need to carefully balance holding and facilitating a fun event with maintaining a safe, respectful environment for employees.Balancing the…
Secret Recording by Employees: An Own Goal
In the recent unfair dismissal decision Karen Altham-Wooding v PKDKAdventures Pty Ltd [2024] FWC 2753, the Fair Work Commission (FWC) affirmed its previously stated disapproval of employees making secret recordings of meetings with colleagues. In this case, once Deputy President Saunders had determined the initial question of whether there had been a dismissal of…
The Effective End of Probationary Periods?
BackgroundEven though the recent Federal Court judgment of Justice Nicholas in Dabboussy v Australian Federation of Islamic Councils [2024] FCA 1074 was interlocutory, it has nevertheless attracted much interest. This interest is warranted. The employer in the case did what many employers have done – terminated employment just before the employee…
Protecting the Complainant v Proving the Case: A Difficult Balance
In recent years employers have placed greater importance on the protection of employees who raise allegations of misconduct or wrongdoing. This has been reflected in a range of ways including policies and protocols for dealing with whistleblower disclosures, prohibitions against victimisation or adverse action, the adoption of a trauma-informed approach to workplace…