The past few years have seen significant changes to the Australian industrial relations framework. There are now more workplace laws than ever, which employers must comprehend. However, legislative change is not the only area of employment regulation. Decisions from Australian courts and tribunals over the last 12 months are also illustrative of additional obligations imposed upon employers. Here are five cases from 2024 that I predict might have a critical impact on employment law outcomes in workplaces in 2025.
1. Employment law 101 – beware of incorporating policies in contracts
Case: In late 2024, the High Court, in Elisha v Vision Australia Ltd [2024] HCA 50, allowed an appeal awarding $1.44 million in damages to a former employee of Vision Australia for psychiatric injury flowing from breach of a disciplinary procedure incorporated into the employment contract. The employee was diagnosed with major depressive disorder following termination for an alleged aggressive workplace incident.
Impact: This case is a reminder to employers of the importance of following their own disciplinary procedures when making decisions impacting employment. If a contract is poorly drafted and incorporates the terms of a workplace policy, and the policy contains promises as to how the employer will deal with a disciplinary or investigative process, a failure to comply with that policy can amount to a breach of contract.
2. This time, it’s personal
Case: On 5 August 2024, in Fair Work...
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