IndustrialHR articles

HR and workplace relations articles

Practical articles for Australian employers on dismissals, performance, underpayments, awards and workplace investigations, from Rhiannon.

You Were Right About the Conduct. You Still Lost. Here's Why.

You Were Right About the Conduct. You Still Lost. Here's Why.

You Were Right About the Conduct. You Still Lost. Here's Why.Rhiannon
Published on: 30/04/2026

Unfair and unlawful dismissal are different claims with different thresholds, remedies and risks. Employers who confuse them leave themselves exposed.

unfair dismissalunlawful dismissalgeneral protectionsterminationFair Work Commissionemployment lawemployer obligations
Discipline vs Performance Management: Wilful vs Skilful

Discipline vs Performance Management: Wilful vs Skilful

Discipline vs Performance Management: Wilful vs SkilfulRhiannon
Published on: 13/04/2026

Discipline and performance management solve different problems. Using the wrong one creates legal risk. How to tell them apart and apply the right process.

disciplineperformance managementmisconductunderperformanceFair Work Actterminationworkplace management