You’re Fired… or Are You?

New workplace laws and what they really mean for Aussie employers

Remember when firing someone was as simple as saying “it’s not working out”? Yeah, those days are over.

Thanks to recent changes in Australian employment law, terminations now come with stricter rules, bigger risks and zero room for shortcuts.

If you’re still winging it with vibes and verbal warnings, this is your wake-up call.

Let’s break it down in plain English. No legal jargon. No boring lectures.

1. Unfair dismissal laws just got sharper teeth

You can’t just let someone go because they give you the ick.

What’s changed

• It’s no longer just about why you fired them, it’s about how you handled it
• The cap on unfair dismissal payouts has increased
• Redundancies need to be the real deal. That means consultation, evidence and actual business reasons

What to do

• Use a proper process. Document everything. And stop thinking that a “quiet chat” is enough

2. The NES just levelled up

The National Employment Standards set the baseline. That baseline just moved.

Key updates

• Parental leave is now more flexible. Parents can take it together or in smaller blocks
• Flexible work requests have more power. Saying no now requires genuine business reasons
• Discrimination protections have expanded

What this means

• You can’t deny a request just because it’s inconvenient. You need a solid reason, and it needs to be documented

3. Casual employment is under the microscope

Calling someone a casual doesn’t automatically make it true.

Here’s what’s changed

• Casual means no firm commitment to ongoing work. It’s about reality, not just what’s on paper
• Long-term casuals can now ask to convert to permanent. You’ll need to respond in writing and justify any refusal.

Takeaway

• If someone’s been working regular hours for 12 months or more, calling it casual won’t hold up

4. Bullying and harassment laws now come with pressure

You now have a legal responsibility to stop bad behaviour before it happens.

What’s new

• Employers must take proactive steps to prevent sexual harassment
• The fines are bigger. The expectations are higher
• A dusty old policy isn’t going to save you

Your move

• Create a culture where people feel safe and respected. Train your managers. Review your policies. Stay ahead of it

5. Awards and agreements have shifted too

If you haven’t checked your award recently, you might be missing something important.

What’s changed

• Minimum wage increases are flowing through
• Employers need to consult before major changes
• Union involvement may be triggered, even for smaller businesses

Reality check

• You can’t just make big changes without communication and consultation. That includes rostering, restructures and pay rates.

What does this mean for terminations

The bottom line is this. You can still fire someone. You just need to do it properly.

That means

• A lawful reason
• A fair process
• Notice or pay instead of notice
• A documented response opportunity
• No discrimination or dodgy motives

If you skip steps or ignore best practice, it won’t just cost you money. It can wreck your culture and your reputation.

You don’t have to figure this out alone

At HR Gurus, we know this stuff can feel overwhelming. But we make it simple.

We help with

• HR audits to flag risks
• Custom policies that are legally sound and easy to roll out
• Manager training to lift confidence and avoid screw-ups
• Termination support that balances compassion with compliance
• Straight-talking advice that actually makes sense

We know you’re busy. You want clear answers and fast solutions. That’s what we do.

Not sure if your process stacks up? Reach out.

We’ll help you sort it out, keep it clean and avoid an expensive mess.