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Employee Copied Clients Into Resignation Email: Why the FWC Still Found the Dismissal Unfair

The Fair Work Commission has reinforced an important principle for employers: conduct that is embarrassing, frustrating or commercially uncomfortable does not necessarily amount to a valid reason for dismissal. In James (Gemma) Moore v Bytewize Pty Ltd, the Commission found that an employee was unfairly dismissed after sending a resignation email to her employer which also copied in various Department…
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Can an employer question an employee’s medical certificate?

An employee calls in sick on Friday and provides a medical certificate. Later that day, you see photos of them at a sporting event or social function. Can you challenge the medical certificate? The short answer is: sometimes, but employers should proceed carefully. Under the Fair Work Act, employees may be required to provide evidence that would satisfy a reasonable…
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FWC Finds Employee Was Dismissed Despite Employer Believing He Had Resigned

In Jung Hong v Green Drake Pty Ltd as Trustee for the Grey Unit Trust t/as Grey Farming [2026] FWC 1934, the Fair Work Commission found that an employer had dismissed an employee despite genuinely believing that he had resigned. The decision is a timely reminder that where an employee’s intentions are unclear, employers should take reasonable steps to clarify…
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Fair Work Commission dismisses unpaid trial worker’s dismissal claim

In brief The Fair Work Commission has dismissed a general protections application involving dismissal after finding that a worker who undertook an unpaid trial shift at a bakery had not been dismissed. The decision is a useful reminder that unpaid trials should be carefully limited and documented. It also highlights that, while general protections claims do not require a minimum…
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Fair Work Commission Minimum Wage and Award Wage Increase 2026

The Fair Work Commission has handed down its Annual Wage Review 2026 decision today, increasing minimum rates of pay from 1 July 2026. The National Minimum Wage will increase by 5.97% to: $26.44 per hour; and $1,004.90 per week based on a 38 hour full time working week. Minimum wage rates contained in modern awards will increase by 4.75%. Employers…
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Part-Time Redeployment Option May Prevent a Genuine Redundancy Finding

A recent decision of the Fair Work Commission is a timely reminder that employers must carefully consider redeployment options during restructures, including part-time alternatives proposed by employees. In Mr Marcus Watzlaff v Secure Parking Pty Ltd [2026] FWC 1408, Secure Parking made its full-time Compliance Manager role redundant as part of a cost-cutting restructure. The company redistributed the compliance duties…
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