The PsychProof Newsroom

The Fair Work Commission ruled it unfair when a NSW warehouse worker questioned her redundancy and was fired mid-shift, ordering the employer to pay compensation. The commission found the redundancy was not genuine on three grounds.

SafeWork NSW improvement notices related to psychosocial risks during a Department of Education's disciplinary investigation were largely upheld by the Commission, emphasizing the need to manage psychosocial hazards during workplace investigations.

Excessive job demands are being increasingly scrutinized under psychosocial safety obligations. Organizations must proactively manage job design, role clarity, and workloads to prevent them from becoming psychosocial risks, as highlighted by a recent FWC case.

Workplace ostracism, often subtle, can lead to breaches of psychosocial safety obligations. HR should design organizational structures that prevent exclusion and foster supportive cultures, fulfilling legal responsibilities.

The Legal Brief explores how psychosocial safety is now central to how Australian regulators assess organisational competence and leadership, especially given organizational restructures, change programs and the rapid adoption of artificial intelligence.

In late 2025, the Department of Defence was criminally convicted under the Commonwealth WHS Act and fined $188,000 following the suicide of an RAAF technician who was subjected to performance management plans and showed signs of distress, but was not offered support. This landmark case highlights the importance of managing psychosocial risks and ensuring that performance management processes do not cause psychological harm.

New research indicates OHS and HR professionals are more likely to act on psychosocial risks when role clarity and confidence are strong, pointing out gaps in workplace risk management. This suggests a need for better support and training for OHS professionals in addressing psychosocial risks.

The Fair Work Commission dismissed an unfair dismissal application because it was filed late, leaving unresolved questions about a bullying complaint lodged months prior. A conduct-based dismissal occurring four months after a formal bullying complaint creates a sequence that, regardless of its merits, invites scrutiny.

The NSW Government has appointed 20 psychosocial inspectors as part of a SafeWork NSW expansion, enhancing enforcement, prevention, and workplace mental health outcomes. This initiative aims to strengthen the focus on psychosocial hazards and improve mental health outcomes in NSW workplaces.

The Fair Work Commission has awarded $15,000 compensation to a couple sacked within hours of each other for allegedly bullying the same manager by invoking a "summoning ritual" involving a pentagram and rubber ducks, and "mocking" her in a workplace chat group.