Employment Law Update for employers
Workplace Law is ever-changing whether through decisions of the courts and commissions or changes to the many pieces of State and Federal legislation that regulates the relationship between Employee and Employer. We’ve put together this fortnightly Employment Law update to assist by giving you easy to understand snapshots of some of the recent changes that affect Employers. Contact us today.
Employer convicted for failing to manage safety risks – $300,000 fine
The NSW District Court recently fined an employer $300,000 in addition to being required to pay $140,000 in prosecution costs for breaches of the Work Health and Safety Act 2011 (NSW), for failing to identify and address the safety risks of workplace violence and harassment. Two female care employees of Marist Youth Care Limited at a youth residential facility developed post-traumatic stress disorder and other psychological injuries after repeated sexual harassment, physical assault, threats of violence, and derogatory behaviour from residents over a number of years.
SafeWork NSW’ investigated and found the employer failed to implement adequate measures to protect workers from foreseeable risks, management’s response to initial incidents were ‘seriously inadequate,’ and it failed to undertake risk assessments that could have mitigated harm.
SafeWork NSW v Marist Youth Care Limited [2024] NSWDC 74
Federal Court fines ABC $150k for unlawful dismissal of presenter
The Federal Court fined the ABC $150,000 after finding it unlawfully dismissed presenter Antoinette Lattouf in breach of the Fair Work Act and its enterprise agreement. The Court held that senior management removed her from air in response to political pressure during the Gaza conflict, ignoring HR and legal processes. Justice Rangiah described the conduct as “capitulation” to lobbying, contrary to the ABC’s duty of independence and integrity.
The penalties were set to deter both the ABC and other employers from dismissing staff under external pressure. Though the ABC issued apologies and outlined reforms, the Court found its contrition limited, noting failures such as not investigating the media leak that triggered the dismissal.
Lattouf v Australian Broadcasting Corporation (Penalty) [2025] FCA 1174 (24 September 2025)
SafeWork NSW halts UTS redundancies over psychological risk
SafeWork NSW recently issued a prohibition notice to the University of Technology Sydney, requiring the university to pause its planned redundancies due to concerns about psychological risks to staff. The regulator determined that proceeding without effectively managing these risks could expose employees to significant harm.
SafeWork and other safety regulators have an increased focus on psychosocial/psychological hazards, including stress, mental health, and the impact of organisational change. Employers planning restructures or redundancies should carefully assess potential risks, consult thoughtfully with their staff, and put in place safeguards to support employee wellbeing
Lexology: SafeWork Orders Temporary Pause on Redundancies Due to Psychological Risk
Court declines costs security despite AI-generated errors
The Federal Circuit and Family Court of Australia declined an employer’s application that a self-represented employee provide security for costs, despite her reliance on AI-generated submissions that included non-existent authorities.
Affinity argued that the employee’s conduct, including reliance on false case law, weak pleading, inflated damages claims, and refusal to amend her material had forced it to incur significant cost and sought $32,500 in security. Judge Liveris acknowledged that the use of undisclosed AI was a ‘serious issue’ and that the employee’s approach created additional expense, but found her conduct primarily stemmed from self-representation, lack of legal experience and misapprehension rather than unreasonableness under s570(2)(b) of the Fair Work Act. Ultimately, no orders for costs security were made.
Hugo v Affinity Education Group Pty Ltd [2025] FedCFamC2G 1536 (18 September 2025)
We hope you have enjoyed this fortnight’s employment law update. See you next fortnight!
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