5 minutes

Why Employee Relations Cases Are Increasing, And Why HR Feels Harder Than Ever

Fair Work Commission data shows general protections dismissal applications up around 45% year on year, and other general protections matters up almost 91%. Cases now run in parallel and engage overlapping legal risks. The cognitive load on HR teams has climbed, and so has the risk of error. What leaders should be putting in place now.
Written by
Published on
August 7, 2026

Australian HR practitioners are not imagining it. Employee relations (ER) work in Australia is increasing, but more importantly, it has become materially more complex.

Recent Fair Work Commission data shows general protections dismissal applications running around 45% higher year-on-year, with other general protections matters increasing by close to 91% , a significant increase in Fair Work Commission applications overall.

The real issue for HR leaders and practitioners is not volume alone. It is that employee relations work in Australia has fundamentally changed. Reform, stronger enforcement and overlapping legal obligations have altered how ER work unfolds, increasing judgement demands, interruption and risk in everyday practice.

Australian HR is operating in a denser regulatory and compliance environment

Australia’s workplace relations system has always been complex. Over the past few years, it has become denser.

HR decisions increasingly sit at the intersection of:

  • Fair Work Act obligations
  • General protections and adverse action risk
  • Anti-discrimination law
  • WHS and psychosocial hazard duties
  • Positive duty and preventative obligations
  • Governance and director accountability

These obligations do not arrive sequentially. They arrive simultaneously, often triggered by the same set of facts.

A performance issue can quickly become a general protections matter. A complaint can engage discrimination, WHS and procedural fairness considerations at once. Decisions that once sat comfortably within HR policy now carry regulatory and reputational consequences.

This is the backdrop against which ER work is increasing.

Why employee relations work no longer flows neatly from start to finish

Is it just me, or did employee relations cases once feel simpler and more routine?

  • Issue identified
  • Process followed
  • Outcome delivered
  • Matter closed

That is no longer how HR work behaves. Today, practitioners are:

  • Managing multiple investigations at different stages
  • Pausing and restarting matters as new information emerges
  • Switching between processes with different legal tests
  • Carrying context across weeks or months

HR work has become discontinuous.

This constant context-switching increases cognitive load and makes consistency harder to sustain, even for experienced practitioners operating with care and good intent.

The quiet risk created by fragmented ER processes

The greatest risk in modern ER work is not capability. It is fragmentation.

When HR work is spread across inboxes, documents, multiple systems, memory.

Key elements of defensible practice become harder to maintain:

  • continuity of reasoning
  • clarity of decision ownership
  • evidence of procedural fairness
  • visibility of work in flight

This matters because many Australian HR obligations are process-driven. It is not enough to reach a reasonable outcome. Organisations must be able to demonstrate how decisions were reached, what was considered, and when action was taken.

As work fragments, the risk of inconsistency increases, not through negligence, but through structural strain.

Why increased claims do not mean HR is failing

Rising Fair Work Commission applications are sometimes interpreted as a failure of HR practice. That conclusion is too simplistic.

What the data more accurately reflects is:

  • stronger enforcement and awareness
  • expanded definitions of harm and adverse action
  • higher expectations of procedural rigour
  • lower tolerance for informal or undocumented decision-making

In this environment, HR is being asked to do more preventative, defensible, and human-centred work , often without systems designed to support that complexity.

Leaders, increase your oversight, get your records right, consider cognitive load and register risk

For HR leaders, the implications are practical and immediate.

First, ER workload can no longer be assessed purely by case numbers. Complexity, interruption, overlapping legal regimes and the need for defensible process all materially affect capacity.

Second, increased regulatory scrutiny means organisations must assume that ER matters may later be examined by the Fair Work Commission, courts or regulators. This shifts the focus from simply resolving issues to being able to reproduce the full decision-making record.

At the same time, HR teams are carrying a significantly higher cognitive load. More frequent matters, higher volumes and greater complexity mean practitioners are holding multiple cases in mind at once, each with different facts, risks and legal tests. This materially increases the risk of human error, not through carelessness, but through sustained cognitive strain.

In this environment, leaders cannot rely solely on individual capability. They need to step up oversight by ensuring that complex ER work is supported by structures that reduce reliance on memory, improve continuity, and allow judgement to be reviewed, tested and confirmed over time.

Leaders should be actively considering how ER information is stored and structured so that, if required, they can readily demonstrate:

  • the rationale for decisions made at each stage
  • interim safety measures put in place
  • risk assessments undertaken
  • communications with employees and managers
  • how procedural fairness was maintained over time

When this information is fragmented across emails, documents and systems, cognitive load increases and reconstructing a defensible narrative becomes difficult and risky.

Third, this environment requires organisations to rethink how HR work is supported. Investigations and ER matters are no longer isolated events. They are interconnected, prolonged and subject to review well after decisions are made.

Leaders should also be treating complaints and allegations as potential sources of psychosocial hazard identification. Allegations raised during ER matters often signal risks that extend beyond the individual case.

Psychosocial hazards emerging from complaints should be itemised on the organisation’s risk register, with clear ownership, interim controls and review points. This requires a deliberate system for capturing hazards as they arise through ER work, rather than treating investigations as closed once an individual outcome is reached.

And remember, this is not your failure, but it is your obligation

The rise in ER activity and regulatory scrutiny does not reflect a failure of HR capability. It reflects a system under pressure.

HR practitioners are navigating more investigations, with broader legal exposure, in an environment where expectations of rigour and documentation have increased significantly. Much of this work is invisible, fragmented and carried over time.

Supporting HR practice now means:

  • recognising investigations and ER work as risk-critical, not administrative
  • designing structures that support continuity across complex, multi-stage matters
  • making judgement-led work visible and defensible
  • enabling practitioners to sustain consistency under interruption

HR has not become harder because practitioners lack skill or intent. It has become harder because the work itself has changed.

Understanding this problem clearly is the first step toward building systems and approaches that genuinely support HR practice in Australia’s current regulatory environment.

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Jessie Ivancic, GAICD, is exploring frontier technology to advance Australian HR.
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