There’s a reality that a large part of how we feel and what we think are shaped by our lived experience.  That’s true both inside and outside of our working lives.

Within your organisation, what’s the vibe when you think about topics such as:

• The risk and likelihood of you getting an employment-based claim?
• The frequency that you actually get employment-based claims?
• The types of employment-based claims you receive?

As employment lawyers, we see employment-based claims on a daily basis but it’s reasonable for organisations to ask questions about whether their experience is different from others, and if so, why?

Well, what does the data tell us?

The Australian Bureau of Statistics report that on 30 June 2026 there were over 2.8 million businesses that were actively trading in the Australian economy, with 996,203 of those employing at least one person.  When categorised by the number of employees:

• 689,600 employed between 1 – 4 employees (69.2%)
• 232,912 employed between 5 – 19 employees (23.3%)
• 68,325 employed between 20 – 199 employees (6.9%)
• 5,366 employed 200 or more employees. (< 1%)

The annual reports for the Fair Work Commission and the Australian Human Rights Commission for the same period have also recently been published.  A quick review and backyard analysis of the numbers can be interesting.  Here are a few data points to contemplate over a coffee.

In the year to 30 June 2026:

• The Fair Work Commission received 53,666 lodgements. Without detracting from that number, the number of lodgements relating to applications under the Fair Work Act (which is of more interest to us) were 42,368.
• 18,653 lodgements (or around 44% of total Fair Work Act applications) were unfair dismissal claims.
• 11,748 lodgements (or around 28% of total Fair Work Act applications) were general protections applications.
• Of the 11,748 general protections applications:
  • 9,2024 were applications involving dismissal; and
  • 2,724 were applications not involving dismissal.
• 1,171 lodgements (or < 3% of the total applications) were applications to stop bullying or sexual harassment.
• 431 lodgements (or around 1% of total Fair Work Act applications) were applications for a dispute about requests for flexible work arrangements
• 62 lodgements (or approximately 0.1 % of total Fair Work Act applications) were applications to deal with a dispute about conversion from casual to permanent employment;
• The Australian Human Rights Commission received 2,974 complaints.
• 1,456 complaints (or around 49% of the total complaints) related to allegations under the Disability Discrimination Act.
• 759 complaints (or around 26% of the total complaints) related to allegations under the Sex Discrimination Act
• 460 complaints (or around 15% of the total complaints) related to allegations under the Race Discrimination Act
• 130 complaints (or around 4% of the total complaints) related to allegations under the Age Discrimination Act
• 169 complaints (or around 6% of the total complaints) related to allegations under the Australian Human Rights Commission Act.

What does the data tell us when we overlay lodgement / complaints data with the number of employers?  Unfortunately, the above data relating to lodgements and complaints isn’t sub-categorised based on employer size, but if we make a few rough (and possibly unreliable) assumptions:

• If we assumed that the bulk of lodgements and complaints were made against employers with 20 or more employees (and were distributed evenly):
  • Around 1 in 4 employers received an unfair dismissal application.
  • Around 1 in 6 employers received a general protections application.
  • Less than 1 in 50 employers received an application to stop bullying or sexual harassment.
  • Around 1 in 200 employers received an application for a dispute about flexible work request.
  • Around 1 in 1,250 employers received an application for a dispute about casual conversion.
  • Around 1 in 25 employers received an AHRC complaint.
• If we widen the lens, and assume the bulk of lodgements and complaints were made against employers with 5 or more employees (and were distributed evenly):
  • Around 1 in 17 employers received an unfair dismissal application.
  • Around 1 in 26 employers received a general protections application.
  • Less than 1 in 260 employers received an application to stop bullying or sexual harassment.
  • Around 1 in 700 employers received an application for a dispute about flexible work request.
  • Around 1 in 500 employers received an application for a dispute about casual conversion.
  • Around 1 in 260 employers received an AHRC complaint.

So, how did you fare?  While the above analysis is far from scientific, it’s a datapoint that’s at least worth reflecting on.  If you’re feeling like you might be featuring disproportionately in the stats, that doesn’t necessarily mean you’re doing some inherently wrong, but it’s certainly worth some deeper thought.  Irrespective of where you sit, there’s always scope to do things better and to put yourself outside the “1”.  If you want to chat about how to do that, give us a call.