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 update to assist by giving you easy to understand snapshots of some of the recent changes that affect Employers
$12 Million payday for sacked radio host following general protections claim
Controversial broadcaster Kyle Sandilands has agreed a substantial ($12 million plus) settlement from his former employer, after bringing a general protections claim under the Fair Work Act 2009 (Cth), also alleging breach of contract.
Sandilands was sacked after bullying claims were made against him by ex-cohost Jackie ‘O’ Henderson, and despite 10 years remaining in his $100-million-dollar contract. Sandilands will reportedly receive $12 million in damages and a further $1.5 million in advertising support, while being restrained from working for ARN’s direct competitors until March next year.
Jackie ‘O’ Henderson has also brought a general protections claim against the company which remains on foot.
AI fuelled increase in Fair Work Commission claims
In recent months, the President of the Fair Work Commission (FWC) has reported that there has been an AI fuelled surge in claims, which have significantly disrupted the FWC’s operations over the course of 2025 and beyond, with claims lodged per year increasing by over 40% over the past 3 years.
A FWC research study has revealed that up to 2 in 5 applicants have used AI in making their unfair dismissal or general protections claims. The FWC has reported to a Senate Committee that AI often gives ‘unrealistically optimistic predictions’ about the employee’s prospects of success and likely compensation, and that this may encourage unmeritorious applications to the FWC, or claims that include ‘inaccurate and incomplete’ information.
The FWC has announced it will be mandating disclosure regarding whether generative AI has been used to make applications, amongst other things.
Cook sacked for ‘refusing to join Zoom call’
The FWC has awarded a senior cook almost $68,000 in compensation after she was dismissed for allegedly refusing to attend a mediation over a bullying claim. The aged care cook complained about the kitchen manager, which led to an investigation that recommended mediation to address interpersonal issues between the two employees. The employee had been reluctant to participate in the mediation when asked over a 5 month period, but ultimately contacted the recommended meditator without advising her employer.
As a result, whilst participating in a what she asserted was a confidential pre-facilitated meeting via Zoom (the first step in the mediation process that the employer was unaware of), the employee received a letter from the employer terminating her employment for failing to comply with a lawful and reasonable direction to participate in mediation.
The FWC found the conduct for which she was dismissed did not occur, she was denied procedural fairness and awarded $67,741.44, plus superannuation.
Leoni Seychelles v Yass Valley Aged Care Limited [2026] FWC 1804 (27 May 2026)
Metro trains criticised for sexual harassment investigation failures
The FWC has criticised the operator of Melbourne’s metro trains’ internal sexual harassment risk management processes, after the Rail, Tram and Bus Union (RTBU) applied to the FWC to resolve a dispute about whether Metro had complied with the sexual harassment provisions of its enterprise agreement. The application followed a complaint made involving 6 alleged incidents of harassment and victimisation, in which the complaint was found not to have been taken seriously.
The FWC found it ‘troubling’ that members of the employer’s HR team who gave evidence struggled to identify relevant policies to the issue, despite being responsible for dealing with sexual harassment complaints. Further, that there was a distinct lack of understanding of the employer’s legal obligations regarding sexual harassment, despite recent changes to legislation.
We hope you have enjoyed this fortnight’s employment law news. See you next fortnight!
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