Employment law in Australia covers the rights and obligations that apply at every stage of the working relationship, from the terms of a contract through to the way it ends. At Koffels, we act for both employees and employers, and our approach reflects that. We help employees understand and enforce their rights, and we help employers meet their obligations and manage risk before disputes escalate.
This page brings together our coverage of the issues we are asked about most often: unfair and unlawful dismissal, workplace harassment and bullying, discrimination, sham contracting, whistleblower protections, and the broader shifts reshaping workplace relations in Australia. For advice on a specific situation, contact our employment law team via the form at the bottom of this page.
The current state of employment law in Australia
Employment law has undergone significant reform in recent years. Changes under the Secure Jobs, Better Pay reforms and subsequent Closing Loopholes legislation have reshaped casual employment, sham contracting, and the test for determining who counts as an employee. Separately, the Fair Work Act now includes a standalone prohibition on workplace sexual harassment, and employers face a positive duty to prevent harassment and discrimination before they occur, not just respond once a complaint is made.
These changes sit alongside a broader trend towards greater employee and union influence in workplace relations, and a series of high-profile disputes that have tested how courts interpret protections around dismissal, political opinion, and freedom of expression at work. We track these developments in our piece on the shift towards employee and union empowerment.
Unfair dismissal and unlawful termination
Dismissal disputes are among the most common employment law matters we see, and the law in this area distinguishes between several different claims. Unfair dismissal applies where a dismissal was harsh, unjust or unreasonable, and is heard by the Fair Work Commission within strict time limits. Unlawful termination and general protections claims apply where someone is dismissed for a prohibited reason, such as exercising a workplace right, raising a complaint, or holding a protected attribute.
The Federal Court’s 2025 ruling in the Antoinette Lattouf matter against the Australian Broadcasting Corporation brought these issues into sharp focus, highlighting how political opinion can function as a protected attribute and the importance of a fair process before a termination decision is made. We examine the lessons of that case for employers in our analysis of the Lattouf v ABC ruling.
Workplace harassment and bullying
Workplace sexual harassment and bullying are now governed by some of the most significant reforms in recent employment law history. Since 6 March 2023, the Fair Work Act has contained a standalone prohibition on sexual harassment connected with work, separate from the Commission’s longstanding bullying jurisdiction. Employers also carry a positive duty under the Sex Discrimination Act to take proactive steps to prevent harassment, with the Australian Human Rights Commission holding compliance and enforcement powers since December 2023.
We’ve set out what this means for both employees and employers, including the options available if harassment has occurred and what the positive duty requires in practice, in our dedicated guide to workplace sexual harassment and bullying rights and obligations.
Discrimination and protected attributes
Discrimination law protects employees from adverse treatment based on attributes such as sex, age, race, disability, religion, and political opinion. These protections operate alongside, and sometimes overlap with, the general protections and unfair dismissal regimes under the Fair Work Act. The Lattouf matter is a useful illustration of this overlap in practice, where a dismissal decision raised questions under both unlawful termination provisions and discrimination principles relating to political opinion. Our analysis of that case covers this intersection in more detail.
Sham contracting and employment classification
Whether someone is genuinely an independent contractor or, in substance, an employee has significant legal and financial consequences for both parties. Recent industrial relations reforms have shifted the test towards the real substance and practical reality of the working relationship, rather than relying solely on the label given to it in a contract. Getting this wrong can expose a business to significant penalties under sham contracting provisions. We explain the current test and the risks involved in our guide, is your contractor an employee?
Whistleblower protections
Employees who report misconduct, unlawful conduct or wrongdoing within their organisation are protected under whistleblower laws from victimisation and adverse treatment. These protections exist across several different pieces of legislation, and the scope of what is protected and how a disclosure must be made to qualify can be complex. We cover the framework in detail in our overview of whistleblower laws.
Workplace policy disputes
Disputes over workplace policies, including vaccination requirements, social media conduct, and other employer directions, have become a recurring source of friction between employers and employees. The COVID-19 pandemic produced a significant body of case law on the limits of an employer’s right to direct staff and the circumstances in which an employee can lawfully refuse a workplace direction. While the immediate pandemic context has passed, the underlying legal principles about reasonable directions and employee rights remain relevant to workplace policy disputes more broadly. Our case study from that period, on workplace vaccination policy, illustrates how courts and tribunals approached this balance.
Union rights and collective workplace matters
Union membership, enterprise bargaining, and collective workplace rights have taken on renewed significance amid recent industrial relations reform. We discuss the broader direction of this shift in our piece on employee and union empowerment, which looks at how recent legislative changes are altering the balance between employers and the collective workforce.
Frequently asked questions
Does Koffels act for employees or employers in employment law matters?
Koffels acts for both employees and employers, and has done so historically. We advise employees on their rights regarding dismissal, harassment, discrimination and contractual disputes, and we advise employers on meeting their legal obligations, managing workplace risk, and responding to disputes when they arise.
What is the difference between unfair dismissal and unlawful termination?
Unfair dismissal applies where a dismissal was harsh, unjust or unreasonable, and is assessed by the Fair Work Commission against specific statutory criteria. Unlawful termination and general protections claims apply where someone is dismissed for a prohibited reason, such as exercising a workplace right or holding a protected attribute. The two claims have different tests and time limits, and can sometimes both be available on the same facts.
How do I know if I am genuinely an employee or an independent contractor?
Following recent industrial relations reforms, the test focuses on the real substance and practical reality of the working relationship rather than the label used in a contract. Factors such as control over how work is performed, who bears the financial risk, and the degree of integration into the business are all relevant. Misclassifying an employee as a contractor can expose a business to penalties under sham contracting laws.
What protections exist for workplace whistleblowers in Australia?
Employees who report misconduct or unlawful conduct within their organisation are protected from victimisation and adverse treatment under whistleblower laws. The specific protections that apply and the requirements for a disclosure to qualify depend on the legislation in question and the nature of the conduct being reported.
What should I do if I believe I have been unfairly dismissed or treated unlawfully at work?
Strict time limits apply to most employment law claims, including unfair dismissal applications, so early advice is important. Individual circumstances still matter, and the right pathway will depend on the specific facts of your situation.
If you are an employee or an employer facing a workplace dispute, or you want advice on your rights or obligations before a problem arises, contact Koffels’ employment law team for advice tailored to your circumstances.
This page provides general information about employment law in Australia and does not constitute legal advice. Individual circumstances vary, and you should seek advice specific to your situation.
