At November’s HR Breakfast Club event, Director Bill Pardy and Special Counsel Ash Borg from BAL’s Employment Law & Investigations team reflected on the employment law developments of 2025, discussing key changes, key cases and emerging trends that will likely shape the year ahead.
Here are some of the key takeaways:
Psychological Work Health & Safety remained a significant focus throughout 2025. The presentation highlighted the importance of complying with WHS obligations in relation to psychosocial risks, which are now very much on the ‘radar’ of various State and Territory regulators including WorkSafe ACT.
Bill and Ash noted a developing trend that employers will increasingly rely on WHS duties to support decisions to terminate employees whose conduct may pose a risk to the health and safety of other staff.
The presentation reviewed the costs of workplace disputes. It was acknowledged that HR professionals are often required to assess the risks involved when a dispute arises within very short timeframes.
The differences between the size and scope of available remedies for aggrieved individuals was also discussed, with a reminder that unfair dismissal compensation is capped, if ordered, and such matters are as a result typically settled more cheaply than damages claims in other jurisdictions.
The kinds of circumstances where terminating employment should be considered were discussed, including the varying approaches required to address serious misconduct matters, general performance or conduct issues, and fitness for work / WHS risks.
Bill and Ash reiterated the importance of being decisive and engaging in effective decision-making, to maintain confidence and reduce uncertainty for other employees, clients and customers.
Three key cases of 2025 were examined, and the guidance they offered for employers was discussed:
Bill and Ash concluded the presentation by providing some guidance as to the issues which can be expected to demand employers’ attention in 2026. These included:
At the conclusion of the event, attendees were reminded that our HR Breakfast Club will continue throughout 2026, with some exciting developments in the works.
We plan for our next HR Breakfast club meeting to be held in February 2026.
If you are an HR professional and would like to attend our future HR Breakfast Club forums, please visit our monthly forum page and register to attend.
If you have any questions or queries about the information in this summary, or if you are experiencing any issues and need advice, please contact the award-winning BAL Lawyers Employment & Investigations team on 02 6274 0999.