Significant increase in mental health claims by public servants in WA
Mental health claims by WA public servants have soared, with more claimants complaining of workplace harassment or trauma. The annual report from the Insurance Commission of WA (ICWA) revealed:
- Mental health compensation claims leapt 23.4% last financial year – a 16% increase from the previous year
- Harassment claims increased by 34%
- Claims for exposure to workplace violence were 31% higher
Mental health related issues were nearly double the cost of physical injury claims and involved twice as much time off work for the claimant. “A sustained focus on safety, loss prevention and improving return-to-work outcomes by agencies will ultimately result in fewer injured workers and lower claims costs”, ICWA said in the annual report.
Company and director fined $55,000 over sexual harassment risk
Indimax Film Productions Pty Ltd and its sole director were sentenced in the Melbourne Magistrates’ Court on 11 September after pleading guilty to several charges under the Occupational Health and Safety Act.
The company was convicted and fined $40,000 for failing to provide or maintain a workplace that was safe and without risks to health. The director was fined $15,000 for failing to provide or maintain a safe work environment and failing to take reasonable care as an officer of the company.
The case arose after an employee contacted WorkSafe alleging they had been subjected to sexual harassment by the company’s director over several months. A WorkSafe investigation revealed the company had no sexual harassment policy in place to identify, prevent, manage, investigate or respond to inappropriate behaviours in the workplace.
The court found it was reasonably practicable for the company and the director to implement a policy on appropriate and inappropriate workplace behaviour that provided a confidential reporting and response process for employees, as well as training to managers, supervisors and employees.
Workplace culture a key driver of gender segregation
Experts warn that workplace culture remains a major factor in the prevailing gender segregation in Australian organisations today.
Culture is often cited as a barrier to attracting and retaining women in male-dominated industries and jobs. This goes beyond behaviours such as sexual harassment and can include discriminatory practices in recruitment or performance evaluation, or a lack of family friendly policies.
According to the Workplace Gender Equality Agency, the presence of gender segregation in Australia remains a significant factor behind the gender pay gap. Businesses should ensure they have appropriate policies in place to improve workplace culture and ensure they aren’t limiting women’s careers.
WorkSafe drops psychosocial harm case against justice department
The WA Department of Justice was accused of failing to provide and maintain a safe workplace by not having procedures in place to deal with sexual harassment and bullying, causing serious harm to a former Bunbury Regional Prison officer as a result.
WorkSafe WA launched legal action in October last year but has since decided to drop the case based on “fresh evidence” obtained in court proceedings. A WorkSafe WA spokesperson reported that the Department of Justice has improved its management of psychosocial hazards in recent years and that WorkSafe will continue to monitor the department’s compliance.
This case was the first time WorkSafe WA had brought charges against an employer for psychosocial hazards in the workplace. The affected former employee continues to pursue civil action in the federal court, alleging sexual harassment, sexual discrimination and disability discrimination.
Burnout rates remain high despite psychosocial safety compliance
Despite psychosocial safety legislation having been in place across most Australian states for almost two years, research shows that clinical burnout rates have barely shifted.
According to a survey of more than 1,000 workers by The Change Lab, clinical burnout rates have plateaued at 34.1% – almost unchanged from 31.8% in 2023. Many respondents struggled with poor change management, inadequate reward and recognition and poor supervisor support.
Experts say that the key issue is psychological safety – the ability to speak openly and honestly without fear of punishment. HR can integrate psychosocial safety into organisational strategy by embedding a culture of care through values, processes, policies, and rewards. When employees feel psychologically safe, they report better outcomes in relation to change management, reward and recognition and supervisor support.
Neurodiversity, discrimination and psychosocial hazards
Section 5 of the Disability Discrimination Act 1992 (Cth) (DDA) requires employers to provide reasonable adjustments to accommodate a person’s disability. Neurodiverse individuals are generally protected under the DDA against unlawful discrimination due to the broad definition of ‘disability’.
Employers should ensure they are building inclusive, compliant and respectful systems for all employees, including neurodiverse ones. Neurodiversity refers to a range of conditions such as autism spectrum disorder, ADHD, dyslexia, dyspraxia, Tourette syndrome and other neurological differences.
Work Health and Safety legislation mandates employers to ensure the psychological safety of all employees. For neurodivergent staff, this may involve identifying unique psychosocial risks such as sensory overload, exclusionary communication styles, or inappropriate performance management processes. Employers should consider doing the following:
- Review recruitment and onboarding processes to ensure they are inclusive and accessible.
- Train managers and staff on neurodiversity and inclusive practices.
- Develop inclusive policies and procedures for requesting accommodations and resolving complaints.
- Establish support networks for neurodivergent employees.
$1.6 million funding to reduce mental injury claims in Victoria
The Victorian State Government is investing $1.6 million to support the mental health of aged care and disability workers to reduce the high rates of mental injury claims in these sectors.
According to Government data, health care and social assistance industries make up more than a quarter of all WorkCover mental injury claims in Victoria in the past five years. Among the factors that contribute to mental injury at work are bullying, workplace violence, aggression, sexual harassment, trauma, high job demand, and fatigue.
The funding aims to prevent psychosocial hazards in these industries through education programs.
Worker wins reinstatement despite showing bikini photos of colleagues
A stevedore has won reinstatement to his port job despite conduct that would have justified dismissal after his employer failed to follow proper procedures when terminating his employment.
The case arose when the employer dismissed the worker for multiple alleged instances of serious misconduct, including showing photos of female co-workers in bikinis to male colleagues during their shift. The incident prompted formal complaints from the affected female employees, following which the company investigated and issued the worker with a first and final warning. The warning letter stated that failure to improve conduct would likely result in termination of employment. A subsequent unsubstantiated incident involving verbal abuse formed the basis for the worker’s dismissal.
Despite finding the bikini photo incident constituted valid grounds for dismissal, the Fair Work Commission (FWC) determined the worker was not properly notified, as the dismissal letters made no reference to that conduct, instead focusing on unsubstantiated allegations. The Commission noted that had the employer acted on the bikini photo incident at the time, dismissal would have been justified and procedurally sound.
This case demonstrates how procedural failures in dismissal processes can undermine otherwise justified disciplinary action.
New report reveals issues faced by women in construction
The University of Sydney Business School has found that women in construction face widespread issues regarding parental leave, pregnancy discrimination, lack of basic amenities such as women’s toilets and lactation rooms, and work health and safety policies.
Women make up just 13.6% of the construction workforce and still face ongoing stigma and discrimination. Many women in the study reported forced disclosures, withheld promotions, demotions, and redundancies following taking parental leave. The co-author of this study noted that employment practices in the industry have not caught up with having women in the workforce, or even allowing men to take on caring responsibilities.
Worker wins unfair dismissal case following sexual harassment complaint
The FWC recently dealt with a case where a female airport services worker won her unfair dismissal claim after being forced to resign following her employer’s mishandling of her sexual harassment complaint against a male colleague.
After the employee made a complaint, the employer commenced an investigation but failed to interview colleagues who witnessed the worker’s distress immediately following the incident. The employer concluded that the sexual harassment was not substantiated due the misalignment between the complainant and respondent’s accounts without conducting any fact finding.
Inconsistencies existed in the way the outcome was communicated to the parties, disadvantaging the complainant. The employer then refused the employee’s request to avoid working with the male employee, instead offering her alternative arrangements.
The FWC determined that the worker was forced to resign because of the employer’s investigative failures, communication delays, inequitable treatment, and refusal to provide adequate workplace adjustments. The decision emphasised that placing the burden of compromise solely on the complainant was unreasonable and found that there was no valid reason for her dismissal.
Special envoy to combat Islamophobia delivers report
The Islamophobia Register has recorded a 530% increase in reports since October 2023. Now Australia’s first Islamophobia envoy has provided the federal government a set of 54 recommendations which include developing a behavioural code of conduct for all parliamentarians and staff, and amending the Racial Discrimination Act (RDA) to specifically include Muslims.
The report also makes several recommendations specific to Islamophobia in the workplace, including:
- Endorsing Recommendation 10 of the Australian Human Rights Commission’s National Anti-Racism Framework to amend the RDA to include a positive duty to eliminate racial discrimination.
- Instituting reporting mechanisms, clear standards and practices that prevent employers from discriminating against Muslim applicants and employees.
- Ensuring clear mechanisms and provisions are in place to support individuals experiencing Islamophobia in the workplace.