MV Law Employment Newsletter – November 2025

Legal updates & tips for your business

Recent Fair Work Commission Cases

Al Hussein v Rasier Pacific Pty Ltd [2025] FWC 3176: This matter involved the ‘deactivation’ of an Uber driver’s account. The employer had deactivated the regulated worker’s transport services on account of a customer’s complaint of sexual misconduct. The FWC found however, that Uber failed to establish serious misconduct per the Briginshaw test which essentially requires a high degree of evidence if a high degree of misconduct. FWC thus ordered the reactivation of the Uber driver’s account.

Key takeaways: When making the decision to end services/dismiss a worker for serious misconduct, ensure there is sufficient evidence to substantiate the misconduct.

Further, this case exhibited a new type of legal action similar to unfair dismissal claim but termed an ‘unfair deactivation’ claim with the FWC. They are available for regulated workers such as employee-like workers, who do paid work through a digital labour platform or regulated road transport contractors.

Della Marta v CBK NSW Pty Ltd [2025] FWC 3219: In this case, the employee had pursued employment with the employer’s client while still employed. The employer dismissed the employee. The employee then brought an unfair dismissal claim in the Fair Work Commission (FWC). The FWC found that this action by the employee was a breach of an implied obligation of fidelity and good faith to the employer. Furthermore, even though there was no procedural fairness offered in respect of the dismissal, the FWC considered the dismissal to be fair in the circumstances.

Key takeaways: An employee may not be able to rely on an unfair dismissal claim when they pursue employment with your business clients while still employed with you.

The Federal Parliament has been discussing proposed limits to post-employment restraints, and so while this case doesn’t compensate the employer for the employee’s infidelity, it does protect them from the employee’s assertion of unfair dismissal.

Key Dates:

  •  21 November 2025: Employers are required to give 28 days’ written notice to staff covered by an Award if you require them to take annual leave during a Christmas shutdown period.
  • 1 July 2026: Superannuation Guarantee contributions to be paid to employees within 7 business days of each payday, otherwise the employer will be liable for the ‘SG Charge’. Extended periods to pay SG contributions will apply for new employees/funds, out of cycle payments and exceptional circumstances such as natural disasters or widespread outages.
  • Pending royal assent: Fair Work Amendment (Baby Priya’s) Act 2025 (Cth)’ – Introduces section 333X in the Fair Work Act 2009 (Cth) which prohibits an employer from cancelling or refusing an employer-funded paid parental leave where the child is stillborn or dies.

How MV Law Can Help

As Canberra’s trusted employment and workplace relations lawyers, we have built a reputation for our passion, commitment and collaborative approach to your employment and workplace relations needs.

We can help you with:

(1) Organising an investigation into alleged employee misconduct.

(2) Advising on whether there is sufficient evidence to terminate an employee.

(3) Defending legal action in the Fair Work Commission.

(4) Updating your workplace policies or contracts to reflect some of these recent key changes and cases.

(5) And much more…

Let us assist you today.

This newsletter does not constitute legal advice, and we encourage you to reach out for us to provide customised information for your circumstances.

Authors: Amy Sydney & Laura Wood

Ph: (02) 6279 4444

Email: info@mvlaw.com.au