All publications relating to ‘Michael Byrnes’
Important Workplace Relations Changes Effective 1 July 2025
Employers and employees alike should be aware of important changes in the workplace relations arena, effective 1 July 2025. From that date:the high income threshold for unfair dismissal claims will increase to $183,100 per annum (from the present $175,000 per annum) and the compensation limit will be $91,550 (equivalent to 6 months of the revised high income threshold amount) for dismissals…
Choose Your Own Respondent in General Protections Dismissal Disputes
Usually when one party is taking legal proceedings against another the respondent entity needs to be carefully identified. It can be fatal to the proceedings if the wrong entity is sued. This stands to reason given the adverse consequences that can flow from litigation. There is usually a process by which…
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…