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The growing number and diversity of employment-related class actions suggest they won't drop off "any time soon", and positive duty non-compliance is a key risk area to watch, a lawyer warns.

"In the last six years, employment class actions have consistently comprised about 15% of all new class actions filed," Allens partner Jaime McKenzie tells HR Daily.

"In the period leading up to that, they were only about 7% of all class actions, so we're seeing a consistently increased level of employment class actions."

Last year, employment class actions were the third most common type, behind consumer and public interest class actions, but – notably – ahead of shareholder class actions, she says. And according to Allens' 2025 midyear update, employment class actions accounted for more than half (56%) of the total number (36) filed in the first half of 2025...