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UPDATE – The New Duty to Act on Psychosocial Risks for NSW Employers

Although employers have always had a duty to eliminate or mitigate health and safety risks in the workplace under work health and safety laws, there was a tendency to treat bullying and other  psychological risks differently to physical risks.

To combat this tendency, in September 2022 the NSW Parliament passed the Work Health and Safety Amendment Regulation 2022 NSW (the Regulation). The Regulation amends and reforms the Work Health and Safety Act 2011 NSW and makes explicit that ‘persons conducting a business or undertaking’ (PCBUs) and employers have a duty to eliminate or minimise psychosocial risks and physical risks in the workplace in the same way. [...]  READ MORE →

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Employment Law – The Need for Proper Workplace Investigations

Employment Law – Background

Employment claims like bullying and unfair dismissal continually on the rise in employment law. Consequently, employers are increasingly required to take pro-active steps to investigate suspected workplace incidents and disputes before they lead to such claims.

A workplace investigation is a formal investigative process into an alleged workplace incident or dispute and it may be necessary to undertake same even if the complainant objects to it (ie, because they only wish to make an informal complaint). [...]  READ MORE →

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Anti-Bullying Order Dismissed But Corrective Action For All

A Civil Aviation Safety Authority inspector brought 30 bullying allegations against his team leader and a colleague, but only one was held to constitute unreasonable behaviour. The anti-bullying order was dismissed but Commissioner Nick Wilson noted the interpersonal dysfunction of the team that could potentially have the ‘severest consequences’.

The Fair Work Commissioner recommended a three-month ‘workplace culture and improvement plan’ and for the inspector to participate in a performance review with CASA and his team leader to work on a work plan together.
The inspector, his colleague, his team leader and CASA have been requested to write to the Fair Work Commission within a month to advise of a negotiated contract of employment. Cultural barriers were believed to have affected the functionality of the team and cultural training should be undertaken to better ensure fair work for all employees. [...]  READ MORE →