This topic keeps coming back like a boomerang. Our presentation on “Why can’t I WFH?: Legal Obligations, Expectations & Productivity” returned for a third run on Wednesday, 21 October 2026, and for good reason. The debate surrounding WFH is still alive and kicking. While Victoria's proposed WFH right may have taken a few twists [...]

  Introduction Many employers are turning to AI to help them to find, shortlist and select talent. Of course, doing so isn’t without legal risk. Blaming AI for lawfully discriminating against job applicants is unlikely to cut it with Courts and Tribunals. “AI made me do it” is no defence to a legal claim. The [...]

  WFH isn't going away. Given the popularity of this topic, WestmoreJacobs presented “Why can’t I WFH?”: Legal Obligations, Expectations & Productivity as a webinar on 9 September 2026. Here are some slides from the webinar:          

  On 26 August 2026, WestmoreJacobs presented an in-person seminar “Why Can’t I WFH?" — Legal Obligations, Expectations & Productivity. We discussed requests for flexible working arrangements under the Fair Work Act 2009 (Cth) and Victoria's proposed WFH right along with tips to navigate this right if the Bill is passed. Looking ahead, the conversation [...]

Below is a revamped article we first published in 2017. Nine years later, its message still holds true.   Why?   Because in 2024 the High Court effectively confirmed that an employer was liable for $1.44 million for breaching its own policy in terminating an employee’s employment.   Introduction   Well-intended employment policies can leave employers [...]

  WestmoreJacobs presented a webinar on “Revisiting Restructures & What’s Changed” on 9 July 2026. We dissected the genuine redundancy exception to unfair dismissals, changes to reasonable redeployment obligations and consultation obligations. We also discussed what employers should consider before commencing restructure.

  Introduction In the employer’s traditional playbook of managing dismissal risks, where Unfair Dismissal once headlined, a new chapter is being written. It’s titled – “General Protections”. GP claims are increasing and shows no sign of abating. In this article, we tackle the uncomfortable truth at the heart of the GP regime. The good news [...]

  Introduction Why legislate what the market has already delivered? That’s the question many businesses are asking following the Allan Government’s long-foreshadowed work from home (WFH) right being introduced to Parliament just last week. The Government intends to enshrine a blanket WFH right for eligible Victorian employees, where it’s reasonable to do so and without [...]

  Given the popularity of this topic, WestmoreJacobs presented the webinar “General Protections: An Emerging Risk” for the second time on 17 June 2026. During the webinar, we explored the role of a decision-maker's reasons for dismissal in General Protections claims and discussed the main factors driving the increase in these claims. With General Protections [...]

  Introduction Employers generally make bad dismissal decisions when frustrated. So much is true when managing ill or injured employees. With around 30,000 WorkCover claims made in Victoria each year, keeping a cool head is no doubt a virtue. But there are other less obvious risks. They arise from inaction. In more colloquial terms, it’s [...]