The PsychProof Newsroom

The Fair Work Commission ruled a resignation was a dismissal when a Board kept a harassing director in place, despite substantiated findings of sexual harassment. The Commission found the employee's resignation was forced due to an unsafe working environment.

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.

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 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.

Employers who fail to actively manage and document psychosocial risks face increased audits, investigations, and prosecution, applying to both OHS and workers' compensation. Frameworks require employers to eliminate or reduce risks before harm occurs, shifting from reactive measures to proactive work design and genuine consultation with employees.

Aggressive swearing and verbal abuse can lead to constructive dismissal, regardless of employer intent, as highlighted in a recent Fair Work Commission ruling. This decision underscores the power imbalance and emphasizes the need for employers to maintain acceptable boundaries, even in traditionally blue-collar environments.

Psychosocial safety has become a central pillar of WHS strategy, and in 2026 is expected to become a defining feature of organizational performance. Regulators are scrutinizing restructuring exercises for employee psychosocial safety, issuing enforcement notices for inadequate consultation and planning.