Case Reviews

Bradshaw v State of Queensland (Queensland Health) [2025] QIRC 104 KEY TAKEAWAYS: This public sector appeal decision offers some rare commentary on workplace reviews and their intersection with HR processes such as recruitment. workplace reviews will ‘almost always’ result in some degree of organisational change — this should be anticipated by employers and HR processes

Y v Hai Di Lao Melbourne Proprietary Limited [2024] FWC 3313 KEY TAKEAWAYS: A recent unfair dismissal case in the Fair Work Commission (FWC): is a reminder for investigators that not every instance of inappropriate conduct in the workplace will rise to the level of misconduct reinforces the importance of having clear complaints handling and

E v Vision Australia Ltd [2024] HCA 50 KEY TAKEAWAYS: The landmark High Court case on contractual damages centred on an employee suing his employer for damages for a psychiatric injury he sustained after his employment was unfairly terminated for misconduct. The Court relevantly held that: employees can potentially recover significant damages for psychiatric injuries

Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369 The Lehrmann judgment provides a rare masterclass in how to apply the civil standard of proof to allegations involving potential criminal conduct. KEY TAKEAWAYS: Assessing credit in cases of sexual assault requires careful consideration of trauma and its well-established impacts on memory. Witness evidence is

Gardner v Piacentini & Son [2024] FWC 211 KEY TAKEAWAYS Procedural fairness: an employee is to be provided with an opportunity to respond to the details of any allegations before factual findings are made a show cause meeting, held after the employer has decided to substantiate misconduct allegations, does not provide an employee with sufficient