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Articles by Warwick Ryan
Flexible Work Requests: A Legal Right, Not a Favour
That was the lesson in Chandler v Westpac Banking Corporation [2025] FWC 3115, where the Fair Work Commission reminded employers that flexible work requests aren’t governed by preference, they’re governed by law. Flexible working arrangements can be important for maintaining a positive workplace culture. However, having to consider the needs of many individual employees, where clients of the business require service on their terms, leaves employers squeezed between these competing pressures.
The $300 Million Lesson Every Employer Should Know
A recent decision in the Federal Court sees Coles and Woolworths potentially having to pay out hundreds of millions of dollars, and has wide-ranging consequences for employers, particularly those paying salaried managers under modern awards such as the General Retail Industry Award 2010, Clerks Private Sector Award, Banking, Finance and Insurance Award and the Social, Community, Home Care and Disability Services Award 2010.
Psychosocial Safety Now a Legal Priority in Workplace Restructures
SafeWork NSW has ordered two major organisations to pause their planned restructures after finding a ‘serious and imminent risk’ of psychological harm to employees. This is the first time SafeWork has taken such action, showing that protecting psychosocial safety at work is now a top priority. Restructures are stressful and can lead to mental health risks in the workplace.
How Not to Respond to a Harassment Complaint (Hint: Skip the Defamation Threat)
In a recent case of Magar v Khan [2025] FCA 874), the Federal Court did not hesitate to make an example of it. Justice Brom found a Sydney Mad Mex franchise owner (Mr Khan) personally liable for sexual harassment and victimisation under the Sex Discrimination Act 1984 (Cth). Mr Khan’s conduct towards his employee (Ms Mager) included intrusive sexual comments and repeated unwanted interactions, easily meeting the definition of sexual harassment. It was the aftermath that sealed his outcome.
Termination Payments Must Be Made on the Employees Last Day – Are You Compliant? - Hicksons Lawyers
This obligation has been highlighted in the recent case of Jewell v Magnium Australia Pty Ltd [2025] FedCFamC2G 201 (Jewell v Magnium). In this case, the employer, Magnium, admitted to paying final entitlements such as notice in lieu, annual leave, and redundancy after the employee’s last day. The Federal Circuit and Family Court found this delay breached the National Employment Standards (NES) and constituted a contravention of the Fair Work Act 2009 (Cth) (FW Act).
Rethinking Redundancy: What the High Court’s Helensburgh Coal Decision Means for Employers
Competent Professional Practice as set out in the Civil Liability Act is also available to defend a claim under section 60 [Guarantee as to due care and skill] of the Australian Consumer Law by operation of section 275 of the Australian Consumer Law. Reference to “due care and skill” in s 60 of the ACL is to a common law negligence standard.
Lawyers Weekly: 1 year on: Has Australia’s Right to Disconnect really changed the legal profession?
For many, it was hailed as a turning point for work/life balance and wellbeing. However, as Partner Warwick Ryan explores in a recent Lawyers Weekly article, the real-world application has proven more complex. While the legislation provides a valuable foundation for flexible and sustainable working arrangements, Warwick explains that legal and cultural challenges remain.
Dynamic Business: The straight talk every business leader needs about safety accountability
In his latest article for Dynamic Business, Partner Warwick Ryan delivers a timely reminder that workplace health and safety (WHS) is not just a compliance issue – it’s a leadership obligation. Under current laws, senior leaders and officers may be personally liable if WHS systems fail, even where duties are delegated. Warwick stresses that building a strong safety culture starts at the top. Leaders must set expectations, ensure systems are robust, and engage proactively with safety personnel.
The straight talk every business leader needs about safety accountability
Workplace health and safety (WHS) is essential for protecting both employees and the broader organisation. Every business has a responsibility to create a safe working environment, not only to meet legal obligations, but to demonstrate care and respect for its people. By making WHS a shared priority, leaders set clear expectations and ensure everyone understands their role in maintaining a safe, supportive workplace where risks are identified early and addressed proactively.
The straight talk every business leader needs about safety accountability
Workplace health and safety (WHS) is essential for protecting both employees and the broader organisation. Every business has a responsibility to create a safe working environment, not only to meet legal obligations, but to demonstrate care and respect for its people. By making WHS a shared priority, leaders set clear expectations and ensure everyone understands their role in maintaining a safe, supportive workplace where risks are identified early and addressed proactively.
Protecting Your Business against WHS Claims: What Business Leaders Need to Know Now
With increasing penalties, including new Industrial Manslaughter laws, changes in WHS requirements continue to create additional obligations for employers. This altered risk landscape can create headaches for business leaders seeking to protect both themselves, as Officers, and the business as a PCBU (Person Conducting a Business or Undertaking), and we’re here to help you navigate some of these changes.
HR Daily: Proactive steps help employers prove that underpayments aren't "wage theft"
The criminalisation of wage theft adds another layer of complexity to Australia’s modern workplace law with serious consequences to HR and employers. From misclassification and payroll errors to outdated systems, mistakes can have serious legal consequences if not addressed promptly.
Navigating the Wage Underpayment Maze: A Map for Employers
For employers, the introduction of criminal wage theft laws adds another layer of complexity. As of January 1, 2025, the intentional underpayment of employees is no longer just a civil offence – it’s a criminal act. With severe penalties including multimillion dollar fines and a possible 10 year imprisonment, it’s more critical than ever for directors and officers to chart a clear path through the wage compliance maze.
HR Leader: How recent regulatory changes are redefining the HR landscape
From the criminalisation of wage theft, the proposed ban on non-compete clauses, the increase on workers’ compensation claims, and more – it’s critical that HR teams are proactive and well-prepared for these changes. In this HR Leader article, Partner Warwick Ryan analyses both recent and upcoming legislative changes, and provides strategies for HR professionals to implement to ensure compliance. Article published by HR Leader, 23 May 2025.
Dynamic Business: How to spot a bad supplier before it hurts your business
In a recent Dynamic Business article, Partner Warwick Ryan, Associate Alexandra (Alex) Beal and Paralegal Grace Beddow discuss the key challenges businesses face when selecting suppliers and how to protect themselves from costly mistakes and legal troubles – particularly critical red flags that may indicate serious workplace law compliance issues and put your business at risk. Article published by Dynamic Business, 8 May 2025.
Spotting the Red Flags in Tendering Processes: Protecting Your Business and Supply Chain from Serious Breaches of Workplace Laws
You find a property online that looks perfect – modern kitchen, spacious yard, a blurb describing a house that is ready to live in and a price far below anything else on the market. Excited, you attend the inspection and after your 10-minute walk around you are ready to make an offer on the house. However, your home insurance requires you to get a building inspection report. That inspection finds cracked drainpipes, interior mould that has been painted over and a crumbling foundation.
HR Leader: Non-compete clause ban ‘a clear disconnect from the realities of the business community’
Partner Warwick Ryan and Associate Alex Beal commented in a recent HR Leader article about the challenges it will impose on family and small businesses – when employees in this sector usually earn below this threshold yet will have access to critical business information and key client relationships. Article authored by Kace O’Neill, published in HR Leader, 7 April 2025. Learn more about Hicksons’ Workplace Relations, Employment and Safety team here or contact Practice Leader, Warwick Ryan.
Promoting Your Policies: Workplace Communication Is Key To Avoiding Problems
In the ever-evolving landscape of the Australian workplace, change is inevitable, and our policies and procedures are often at the forefront of these changes. Whether it is a tweak to the dress code or significant overhaul of safety protocols, introducing new or altered policies can be hard to navigate. Appropriately communicating changes can be the key difference between unified progress and confused resistance or even legal disputes.
Hicksons Lawyers - ‘Fixing the Deeming Provision Dilemma’: how Haddad v The Geo Group shapes disease claims
Executive Summary This article summarises the implications of Haddad v The GEO Group Australia Pty Ltd [2024] NSWCA 135 (‘Haddad’) where it was held that a claim for compensation where incapacity is not a pre-condition, such as for medical expenses or for lump sum compensation, does not automatically default to a deemed date of injury being the date the claim was made as was established in Stone v Stannard1.
Hicksons Lawyers - From Mistletoe to Misconduct: Key Lessons from Ramlan Abdul Samad v Phosphate Resources Ltd T/A Chri
The holiday season, a time for festive cheer and workplace celebrations, often presents unique challenges for employers. As workplaces begin their end-of-year celebrations, the case of Samad v Phosphate Resources Ltd T/A Christmas Island Phosphates [2024] FWC 2868 (Samad v Phosphate Resources Ltd) offers some timely lessons for employers regarding the critical importance of proactive education on workplace policies and clear communication about unacceptable workplace conduct.
Hicksons Lawyers - Practice Note SC Gen 23 - Use of Generative Artificial Intelligence
Key Points The Court has created new rules for practitioners and guidance for judges in the use of Gen AI Lawyers will now need to limit their use of Gen AI to certain situations and declare when they have or have not been using Gen AI Changes to come into effect in Feb 2025 Introduction On 21 November 2024, the Supreme Court released Practice Note SC Gen 23 – Generative AI Practice Note and Judicial Guidelines. The Practice Note will commence on 3 February 2025.
Hicksons Lawyers - A Failure to Consult: The Fair Work Commission confirms even “logical” policy changes and administra
Making logical changes to workplace processes should be simple and straight forward. However, a recent decision of the Fair Work Commission (FWC) confirms that employers still need to make sure they follow the additional step of proper employee consultation, or risk a poor outcome in the Commission.
Hicksons Lawyers - Industrial Manslaughter - A New Offence for Serious Workplace Safety Failures
A new offence and serious penalties are now in action across NSW for PCBUs (employers, businesses and the like) and officers (including directors and some senior executives) whose actions or inactions lead to the death of a worker. Although there are no specific new WHS obligations to be aware of, there are new consequences. It is now more important than ever for organisations and senior executives to educate themselves on their obligations under WHS legislation.
Hicksons Lawyers - Does a pay raise in the 52 weeks pre-injury affect a worker’s PIAWE?
Key Points: 1. By operation of Regulation 8C, a pay raise has been considered as a change of an ongoing nature to the employment arrangement, resulting in a financially material change to the earnings of the worker. 2. The relevant earning period for the purpose of calculating PIAWE will be restricted to the period from the date the pay raise became effective, until the date of injury.
Hicksons Lawyers - Please Stop Talking to Me: Australian Workers NEW Right to Disconnect
Introduction The Federal Government has moved to further regulate the relationship between work and home with new Right to Disconnect laws. The laws mean that employees have more control over when and how they choose to respond to communication from their employer outside business hours. What’s changing? The new Right to Disconnect is part of the Closing the Loophole changes, and will apply to all employers, except small employers, from 26 August 2024.
Hicksons Lawyers - Modern Awards Refresher: A Breakdown of Essential Elements for Employers
Often the obvious can be ignored in the business of everyday trading. Increasingly, employees are becoming more aware of their rights at law and under their respective Modern Award. While this may be familiar territory for many, this article is a quick reminder of the issues Awards deal with, especially as civil penalties can approach six figures for breaching a term of an Award.
Hicksons Lawyers - Why Just Having Policies And Procedures For Workplace Violence And Sexual Harassment Isn’t Enough?
Workplace Health and Safety (WHS) has historically been all about physical injuries and risks in factories and construction sites, but a recent decision of the NSW District Court (the Court) broadened that traditional thinking. SafeWork NSW (SafeWork) and the Court have put employers on alert that violence and sexual harassment in the workplace are never acceptable, and that an employer’s failure to swiftly and proactively address reports of incidences will result in harsh penalties.
Hicksons Lawyers - Capital Brief: The Rise Of AI Washing
“AI has been the exception to every rule the world has seen. We have no doubt that regulators will take more sweeping action against those using AI unethically to protect society.” In a recent Capital Brief article, Hicksons Legal Digital Transformation Partner @David Fischl comments on the regulatory risks of AI washing and regulators’ approach in enforcing against misleading claims linked to AI technology.
Hicksons Lawyers - Lawyers Weekly: ‘With Great Power Comes Great Responsibility’: The Emergence Of AI Washing
“AI in law is our generation’s iron man suit. With great power comes great responsibility.” In a recent Lawyers Weekly article, Hicksons Legal Digital Transformation Partner David Fischl comments on the regulatory risks and other impacts of AI washing, along with thoughts on best practices for the legal profession moving forward. “AI washing has the potential to erode the sacred trust that we have with our clients.
Hicksons Lawyers - Australian Financial Review: A Managing Partner's guide to great skiing
“When Stewart Cameron isn’t heading up Hicksons Lawyers, he’s hankering for an opportunity to shred the pow” In a recent Australian Financial Review (AFR) ‘Time Out’ Q&A, Hicksons’ Managing Partner, Stewart Cameron shares some of how he achieves a work life balance. Q: When and how did you get into skiing? A: An old uni friend moved to Salt Lake City [in Utah, USA], which started my love of travelling to amazing mountains and pursuing snow-filled adventures. Q: Most memorable skiing experience?
Hicksons Lawyers - Dynamic Business: Balancing productivity and employee wellbeing
In a recent Dynamic Business article, Hicksons’ Managing Partner, Stewart Cameron shares the significance of a ‘putting people first’ in ensuring productivity and mental well-being in the workplace. “The balance between employee wellbeing and productivity occurs once you put people first.” “A supportive work environment is important, including providing regular guidance, an inclusive culture and meaningful work”.
Hicksons Lawyers - Employee or Contractor? What the law says about Sham Contracts
What are the new changes, and how can my business defend itself against sham contracting claims? Employment relationships can be complex, and understanding how to manage them is often key. Most would think that the law was clear on who is considered an employee, and who is a contractor? In this case, you would be wrong.
Hicksons Lawyers - IT Brief: AI-Washing - A new wave of ethical and legal considerations for corporate Australia
“AI is the technology and innovation of our time. We should ensure it is able to prosper without being thwarted by the misleading behaviour of the minority.” In a recent IT Brief article, Hicksons Partner, David Fischl and Solicitor, Elias Dehsabzi discuss the emergence of AI-washing, where companies make false and misleading statements about their use of Artificial Intelligence (AI).
Hicksons Lawyers - Employing Workers On Fixed Term Contracts - The Rules Have Changed
In the whirlwind of 2023 employment law reform, the unfettered power for employers to engage employees on indefinite rolling fixed term contracts was kicked to the curb from 6 December 2023 (although some industries may still have until 1 July 2024 before these rules apply to them). A fixed term contract is an employment contract that terminates at the end of an identifiable period, for example, on a specified date or when a specific project is completed.
Hicksons Lawyers - Tech Day: The legal implications of AI chatbots for Australian firms
“As technology continues to permeate all aspects of business, Australian businesses must consider the legal implications of using artificial intelligence (AI) to interact with customers.” In a recent Tech Day article, Hicksons Legal Digital Transformation Lead Partner David Fischl provides insight into the burgeoning trend of companies employing generative AI technology, such as chatbots, to interact with their customers. There are technical solutions that can ensure compliance.
Hicksons Lawyers - Right to disconnect won't cause "significant" change
Employees’ new right to disconnect, was included in the Closing Loopholes No.2 Bill passed by Parliament earlier this month and will take effect six months after the legislation receives Royal Assent. In a recent HR Daily article, Hicksons Employment Law & Workplace Relations Partner Warwick Ryan discusses employees’ right to disconnect and the effect it will have on Australian workplaces.
Hicksons Lawyers - Smart Company: Burke hoses down fears that Canberra is seeking a blanket WFH right for award workers
In a recent Smart Company article, Hicksons Employment Law & Workplace Relations Partner Warwick Ryan discusses flexible working arrangements. “The Fair Work Commission has already shown that not all working from home requests should be granted and employers are within their rights to require employees in the office for at least part of the time,” says Warwick. Click here to read full article. Article authored by David Adams, on 23 February 2024. For media enquiries, please contact: s
Hicksons Lawyers - An Employer’s Positive Duty to Prevent Unlawful Sexual Conduct is in Place
Introduction Since 12 December 2023, your organisation can face a visit from the Australian Human Rights Commission (AHRC). In the latest wave of legislative amendments of the Sex Discrimination Act 1984 (Cth), businesses are required to take additional reasonable and proportionate steps to eliminate, as far as possible, certain unlawful conduct.
Hicksons Lawyers - It’s Christmas! Can I direct my employee to take unpaid leave during the end of year shutdown?
With Christmas fast approaching, employers and employees will be turning their minds to organising leave arrangements over closedown (or ‘shutdown’) periods. During shutdown periods, employees are usually required to utilise their annual leave. However, employees that are new to the organisation, or those who have used up a large portion of their leave during the year, may not have accrued enough leave to cover the period of business closure.
Hicksons Lawyers - Australian Financial Review: Hicksons Lawyers Leads As Law Firms Hit Gender Parity
Hicksons is proud to be recognised for leading the trend of more female Partners, with over 50% female representation across the firm’s partnership. In a recent Australian Financial Review article, Hicksons was highlighted for having the highest proportion of female partners across all firms in the 2023 Law Partnership Survey. This reaffirms its position as an Employer of Choice, prioritising people and focusing on a steady progression in gender equality and representation across the industry.
Hicksons Lawyers - Dynamic Business: How can SMEs navigate the ethical challenges inherent in AI adoption?
“In an era marked by the rapid evolution of technology, the integration of artificial intelligence (AI) holds immense promise for small and medium enterprises (SMEs) seeking innovation, efficiency, and competitive advantages”. In a recent Dynamic Business article, Hicksons Legal Digital Transformation Partner, David Fischl, discusses the benefits AI brings to SMEs as well as the 8 principles SMEs should consider when using AI.
Hicksons Lawyers - Falling from Heights - Courts consider imposing fines which might crush business viability
Introduction In recent years, District Court Judges have dramatically increased the penalties that businesses, their staff and owners (officers) face for Workplace Health and Safety (WHS) breaches. Firmly within their sights has been matters of workers falling from heights - and arguably rightfully so.
Hicksons Lawyers - Vicarious Liability, Criminal Acts, and Volunteers
Introduction Adam Kneale claimed damages from the Footscray Football Club (Club) for injuries, loss, and damage suffered as a result of child sexual abuse by Graeme Hobbs and others. The trial proceeded before a judge and a jury of 6. Key Points There was no evidence on which the jury could have reasonably found that the relationship between the volunteer and sporting club was one in which vicarious liability could arise.
Hicksons Lawyers - Lawyers Weekly: AI can help legal departments with ‘digital transformation’
“Mastering the use of AI technology, in-house legal teams can make themselves progressive problem solvers and forward thinkers in their organisation” In a recent Lawyers Weekly article, Hicksons Legal Digital Transformation Partner David Fischl emphasises the importance for corporate counsels to master the use of AI, to drive better outcomes for clients and their own practice. Click here to read the full article.
Hicksons Lawyers - Dynamic Business: The talent battle: Winning strategies to attract and keep top employees
As the global job market evolves, businesses grapple with the ongoing challenge of keeping top talent. Holding onto skilled professionals is crucial for a business’ ongoing success. In a recent Dynamic Business article, Hicksons’ Managing Partner, Stewart Cameron, shares the 7 ways Hicksons works to attract and retain talent across the legal industry. “We acknowledge the legal profession and many employers, are in a well-entrenched war for talent.
Hicksons Lawyers - Insurance News: ‘Evolving threat’ - The battle to stay ahead of cyber criminals is being fought on m
With the evolving threat of cyber-attacks across various businesses, ranging from ASX-listed companies to smaller enterprises, the need for increased cybersecurity measures has never been greater. Insurance, Climate and Cyber Risk Partner, Persia Navidi is featured in a recent Insurance News article discussing cyber resilience, reporting cyber incidents and how to achieve the best outcomes across cybersecurity. “Mandatory reporting should include instances of ransomware.
Hicksons Lawyers - Report: ESG and Financial Lines Insurance in Australia
Hicksons Insurance, Climate & Cyber Risk Partner, Persia Navidi has prepared a report providing an overview on the current state of ESG in Australia. Topics covered include greenwashing, greenhushing, disclosure of climate-related risks, and how these developments impact financial lines insurers.
Hicksons Lawyers - HR Leader: How employers can respectfully navigate the new paid domestic violence leave
With paid family and domestic violence leave coming into effect earlier this year, Hicksons Workplace Relations Partner, Warwick Ryan recently discusses with HR Leader on how employers can respectfully navigate the new paid domestic violence leave. In particular, now entitles include casual, part-time and full-time employees to 10 days of paid family and domestic violence (FDV) leave each 12-month period.
Hicksons Lawyers - Expert evidence requirements for issue of professional negligence claims
Introduction A recent Supreme Court of NSW interlocutory judgment in the matter of Netherwood v Hillier deals with an application to strike out proceedings as against the third defendant, Dr David Bell for failure to serve expert reports supporting the claim against him. Background to Netherwood’s Case The plaintiff filed her statement of claim alleging negligence against three defendants in the provision of medical care and treatment.
Hicksons Lawyers - When does a heated resignation amount to a real resignation?
Background It is not unusual for employees to offer a verbal resignation, often in the heat of the moment or during a contentious incident. It is also not unreasonable that employers treat any such resignation as legitimate. However, this is yet another example where Workplace Relations law in practice can vary from an employer’s expectation.
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