Hello!
Welcome to your favourite workplace newsletter where you can catch up on the things you need to know and some things that will make you laugh out loud.
In this issue there’s a workplace trend, news snippets, an important case for anyone who has employees who work from home, and sage advice in the “Dear Jen” column.
And of course, I share my recommendations for your viewing pleasure.
I hope this newsletter brings you some wisdom and joy!
Cheers,
Jen
What trend am I seeing out there in the workplace world?
Fair Work Commission claims are at record levels!
Commission President Justice Adam Hatcher has said the Commission is being pushed beyond its capacity to cope. Applications lodged with the FWC in 2024-25 jumped to a record 44,075 claims – an almost 50% increase compared to 2020-21.
One driver? Employees who don’t meet the criteria for an unfair dismissal claim are turning to general protections claims instead. And why wouldn’t they? The FWC filing fee is less than a tank of petrol and adverse costs orders are rare.
There is also a rise in general protections claims that are not resolved in the FWC, going to the Federal Circuit Court. Claims have increased by 128% in the past 3 years.
Take Out Points:
- Don’t rely on “probation” or salary thresholds for protection – they’re not.
- Managing exits well isn’t optional – it’s a business risk strategy.
- Think you’re too small to end up in the FWC? Think again.
- Fixing a messy exit could cost ten times more than managing it properly up front.
- If you’re not sure, call before you cut – not after the claim lands. Most disputes can be prevented by managing employee exits with integrity and decency.
See: Behind AFR Paywall: Workplace Claims Surge
And: Behind AFR Paywall: Unfair Dismissal Playground
Buzzword Of the Week: “NEET”
A UK buzzword from the 90s is being applied by some to young Aussies as a result of the youth unemployment rate.
“NEET” describes a young person not involved in education, employment or training. Sigh…
“Job” of the Week
Virgin is looking for a “Head of Yes”. (Yes, really).
To land the role, you’ll need to submit a TikTok explaining why you’re the ideal candidate for saying “yes” to adventure, opportunity and unforgettable moments.
You’ll need to create standout content, embrace new experiences, and inspire others to do the same. (No problem).
The deal? £50k. Six months. Six unforgettable Virgin experiences. (where do I sign)?
It’s not technically employment. (That’s fine – sounds like the best side hustle ever).
UK residents only. (Dammit).
See: “Head of Yes”
Employer of the Year…Not!
Nothing says ‘best day ever’ like getting fired by text on your wedding day.
A UK bride was celebrating her destination wedding in Cyprus when she turned her phone on after the ceremony. As she scrolled through the well-wishes, there it was – a text from her boss. He knew it was her wedding day but sent the termination message and a follow-up email anyway.
Whilst she’d received glowing feedback during her employment, the email informed the bride that her “performance doesn’t meet the expectations we require for the role”.
Possibly something that could’ve been discussed in person during the course of employment and before wedding leave.
Take Out Point: This employer clearly doesn’t have the spine for face-to-face conversations. Hopefully, the (now viral) backlash will spare a few other employees from a similar experience.
See: Fired on Wedding Day
“November is the New January”
Getting Your Workplace Ready for 2025 – Before the Out-of-Office Kicks In
Why wait until January to start the new year right?
Are your employment contracts and policies compliant and user-friendly?
Got your workplace risks covered?
You’ll thank yourself later.
Start here – with our checklist of employment compliance essentials.
Download the Employment Essentials – Compliance Checklist 2025 in PDF format here.
Is This the Beginning of the End for Forced Office Days?
A longstanding Westpac employee had worked fully remotely for a number of years.
Westpac introduced a requirement to work from a corporate office 2 days per week.
The employee’s family moved to Wilton to live closer to her children’s private school (2 hours from the corporate office). The employee sought a fully remote flexible arrangement to accommodate school pick-ups and drop-offs.
Westpac refused on the basis that the request would be “likely to result in a significant loss in efficiency and productivity” and negatively impact customer service.
The employee asked the Fair Work Commission to order an exception to Westpac’s policy or that she be permitted to work from a local branch.
Whilst the FWC accepted that the employee’ circumstances arose partly from her choices, the fact she’d already been working remotely for an extended period weighed against Westpac’s claim that it had “reasonable business grounds” for refusing the request.
Take Out Points:
- When refusing employee requests, employers must comply with the Fair Work Act process, including clearly setting out the “reasonable business grounds” relied on.
- Whilst each case turns on its facts, this decision likely makes it harder for employers to refuse flexible work arrangement requests.
- What impact will this case have on company work from home policies and employee expectations?
See: Chandler v Westpac Banking Corporation [2025] FWC 3115 (20 October 2025)
Changes to the Fixed Term Contract Information Statement (FTCIS)
There have been limitations on how fixed term contracts can be used since 6 December 2023. Further changes have been introduced.
This means that if a contract commences on or after 1 November 2025, the employee must be provided with the new FTCIS.
In addition, those operating in the following sectors should look closely at the changes:
- the higher education sector
- employees engaged at a public hospital
- charities and not-for-profit sector
- medical or health research sector
- organised sport sector and high performance sport sector.
Take Out Point: If you use fixed term contracts, make sure your onboarding materials and HR templates are updated.
For a summary of the changes and a link to the new FTCIS see: Fixed Term Contract Information Statement Changes
With Fair Work claims on the rise, how you manage an employee exit matters more than ever.
Do you want to handle redundancies or performance-based exits with clarity, compliance, and decency?
✔ The right words for the conversation – clear, respectful, and legally sound
✔ Documentation that protects your business
✔ Support before the claim lands, not after
If it’s time to part ways, do it properly (and sleep better at night).
Contact Jen on 0411 275 920 or at jen@jenniferbicknell.com.au
Dear Jen,
A friend of mine was let go via text message on a Sunday afternoon. No warning, no meeting, just a “thanks, but we’re letting you go” out of the blue.
Is that even allowed? Surely there’s a better way?
Cheers,
Shocked
Dear Shocked,
There is. It’s called basic professionalism.
Unless your employee has stolen a forklift, texting someone on the weekend to fire them is less “decisive leadership” and more “coward with a smartphone”. (Actually, even if they have stolen a forklift, there really should be a meeting to talk about it…and recover the forklift).
Hard conversations belong in real conversations, during business hours.
Cheers,
Jen
What I Inhaled (On Stan)
Being a bomb disposer was never on my “maybe” career list, but “Line of Duty’s” Vicky McClure is magnetic as a bomb disposal officer with nerves of steel in “Trigger Point”. Watch season 3 of this brilliant British drama between your fingers – with a stiff drink or a cup of herbal tea.
What I’m Obsessed With (On 10 Play)
I really don’t have time in my busy work-and-viewing schedule for reality shows…unless they’re brilliant. Enter “Celebrity Traitors UK”. Stephen Fry and 18 other Brits play murder mystery in a divine Scottish castle – it’s gripping, addictive, and absolutely worth the hype.
What I’m Being Drip Fed (By Apple TV+)
“Down Cemetery Road” is based on a novel by the author of “Slow Horses” and stars Emma Thompson. That should be all you need to hit play, but if you insist: there’s an explosion, a government cover-up, mysterious deaths… Oh, and did I mention Emma Thompson?
What I Inhaled (On Netflix)
“Nobody Wants This” returned for season 2 and I’d like to formally disagree with the title. I wanted it. You probably do too. It’s awkward love, emotional chaos, top-tier cringe…and Adam Brody.
What I Watched (On Netflix)
In the 2019 film “Mystify. Michael Hutchence” there’s rare footage and memories shared by Michael’s family, lovers and friends. A tough but fascinating watch for those of us who grew up loving INXS and its charismatic frontman.
