Managing Risk in the Modern Workplace - 3 program recorded series

Program 1: Do as I Say, Not as I Do: The Mismanagement of Disciplinary Procedures and Psychiatric Injury

The High Court’s decision in Elisha v Vision Australia Ltd [2024] HCA 50 has reshaped the legal landscape surrounding employer responsibilities in disciplinary procedures. The case serves as a stark reminder that breaching contractual disciplinary procedures can result in significant liability, with the Court awarding $1.44 million in damages for psychiatric injury. Employers must now be more vigilant in ensuring procedural fairness and adherence to employment contracts to mitigate risks. This session delves into the implications of this ruling, offering practical guidance on mitigating risks through effective policy management and adherence to procedural fairness. Key issues covered include:

• Understanding the Elisha v Vision Australia decision
• Evaluating how employment contracts that explicitly integrate company policies, especially those related to disciplinary actions, can lead to enforceable obligations, as highlighted in the Elisha case
• Strategies to maintain consistency and fairness in applying disciplinary processes, thereby minimizing the risk of breaching contractual obligations and potential liability for psychiatric injuries
• How deviations from established disciplinary protocols can result in significant damages for psychiatric injury, emphasizing the need for strict adherence to contractual terms
• Identifying critical considerations when revising employment contracts and disciplinary frameworks to ensure they reflect current legal standards and protect against potential liabilities
• Practical approaches to ensure compliance with contractual obligations, including regular training and audits, to reduce the risk of litigation related to disciplinary procedures

Program 2: Under Pressure: The Impact of Psychosocial Factors in the Workplace

The increasing recognition of psychosocial hazards in the workplace has placed employers under greater scrutiny. From workplace relationships and job demands to organisational culture and remote work, psychosocial factors can significantly impact employee mental health, safety, and productivity. With a growing number of claims arising from psychosocial risks, businesses must understand their obligations and implement effective strategies to eliminate or minimise harm. This session provides a practical guide to navigating the evolving legal landscape and managing psychosocial hazards effectively. Attendees will gain insights into:

• What is a psychosocial hazard? - Identifying workplace factors that can cause or contribute to mental health risks
• The link between psychological and physical harm - How stress, bullying, job insecurity, and other hazards can manifest in both mental and physical injuries
• Elimination vs minimisation - Understanding the legal duty to prevent harm and determining the most effective control measures
• Intersections with other areas of employment law - how psychosocial risks overlap with workplace health and safety, discrimination, and industrial relations law
• Managing Psychological Hazards at Work Code of Practice 2024 - Key takeaways and what employers need to do to comply
• Best practice for responding to psychosocial injury claims - Practical steps for managing complaints, mitigating legal risk, and fostering a psychologically safe workplace

Program 3: Offence is the Best Defence: Positive Duty to Prevent Sexual Harassment

With workplace sexual harassment laws shifting towards proactive prevention, organisations can no longer afford to be reactive. The positive duty to prevent sexual harassment requires employers to take meaningful steps to foster safe, respectful, and inclusive workplaces. Failure to do so not only increases legal risk but can also damage workplace culture, reputation, and employee wellbeing. This session unpacks what the positive duty entails, how it intersects with other legal obligations, and what practical steps organisations must take to comply. Attendees will gain insights into:

• How does the positive duty fit within equality, anti-discrimination, and work health and safety laws?
• The shift from reactive to proactive compliance - Why the law now requires businesses to prevent, not just respond to, workplace sexual harassment
• Key measures for compliance - What ‘reasonable and proportionate’ steps look like, from risk assessments and policies to leadership training and reporting mechanisms.
• Vicarious liability - When organisations are held accountable for the actions of employees and how to mitigate this risk
• Stop sexual harassment orders - How these orders operate and what they mean for employers
• Building a safe workplace culture - Embedding long-term cultural change to create a respectful and inclusive work environment