29/04/2026
Three types of Fair Work Commission claims are rising. Our consulting team has been tracking a consistent shift across the client base over the past six months.
Unfair dismissal — including from employees who resigned, framed as constructive dismissal under s 386(1)(b) of the Fair Work Act. General protections — particularly following performance management, with the reverse onus of proof sitting firmly with the employer. And stop bullying applications, which have historically been rare and are now appearing at a frequency our team hasn’t seen before.
What’s driving it isn’t hard to explain. The Fair Work Commission has no filing fee and no requirement for legal representation. Defending a claim — in time, cost, and management distraction — is a very different matter. Cost-of-living pressure has made the settlement economics work in a way they haven’t previously.
For NSW employers above the $30,000 workers comp premium threshold: the same event can trigger both an FWC claim and a psychological injury workers comp claim simultaneously. Two proceedings. Two cost profiles.
We’ve just released a video covering the specific risk mechanics of all three claim types, why this is happening now, and five practical steps employers should take.
https://ondemandhr.com.au/fwc-claims-are-rising-what-australian-employers-need-to-know-in-2026/
