17/05/2026
A recent, incredibly direct decision from the Fair Work Commission (FWC) has shone a spotlight on unmeritorious claims and the growing strain they place on the workplace relations system.
The FWC dismissed a general protections application and took the unusual step of calling out speculative claims. In this instance, the employee alleged they had suffered adverse action leading to dismissal—except they hadn't actually been dismissed.
The decision highlights the heavy burden placed on employers who have to defend claims that lack apparent merit, and notes the broader, negative impact this trend has on access to justice.
While this specific case was a particularly clear example of a baseless claim, it reflects a wider issue. The unfair dismissal and general protections jurisdictions are increasingly being used as forums to air long-standing grievances rather than pursue genuine legal remedies.
As a result, businesses are forced to burn significant time and money responding to speculative matters, while employees with legitimate claims are left waiting months for their cases to progress.
It is a short, sharp, and highly relevant read for employers, HR professionals, and employment lawyers alike.