SafeWork lifts prohibition notice on university job cuts
SafeWork NSW has lifted a prohibition notice imposed on the University of Technology Sydney (UTS) to halt its plan to cut hundreds of jobs amid concerns of psychological harm to its workforce.
The move followed an investigation launched by SafeWork after it received an anonymous complaint alleging that the restructure posed psychosocial risks to staff and that there had been inadequate consultation regarding changes. UTS has reportedly adjusted the timing and the nature of the communication of their Academic Change Proposal, leading to the notice being lifted.
The news puts employers on notice about compliance with legal and regulatory obligations to manage the risks of psychosocial hazards during restructures and redundancy programs. Experts predict that employers are likely to see more complaints from employees in relation to redundancies and psychosocial harm.
Workplace bullying claim tested against incapacity dismissal
The Fair Work Commission (FWC) recently declined an unfair dismissal application from a sales worker who was terminated due to medical incapacity following a 15-month absence from work.
The case arose when the employee, who experienced severe domestic violence, was unable to return to work due to post-traumatic stress disorder and anxiety stemming from prolonged trauma and workplace bullying. The employer provided the worker with formal notification of potential dismissal based on medical incapacity after reviewing medical evidence spanning the 15-month absence period.
The worker was given a chance to respond with any additional medical information or arguments against termination but was unable to do so and was subsequently terminated.
The FWC determined that valid reasons existed for dismissal and emphasised employers’ legitimate business needs. It also found that the employer provided appropriate procedural fairness via the termination process.
Senior lecturer accuses ANU of irreparable mental harm
A senior lecturer at the Australian National University (ANU) has spoken out about the adverse mental and psychosocial impacts many staff are suffering due to the Renew ANU process.
Renew ANU commenced in October 2024 and has led to a series of change proposals involving cuts and restructures across the institution. A group of health and safety representatives recently wrote to ANU management, highlighting the psychosocial risks associated with the process. They revealed that many workers are reluctant to report psychosocial safety concerns to ANU for fear of retribution from university leadership. It is also reported that many workers have had their Employee Assistance Program appointments cancelled because of the process, causing further distress to staff.
The vice-chancellor has now resigned from her position and the ANU remains under investigation the by Tertiary Education Quality and Standards Agency over concerns about the university’s operations.
EEO Specialists works with organisations to enable safe and respectful workplaces. We offer a range of in-person workshops as well as online courses. If you would like to have a confidential discussion about workplace behaviour and compliance, please or email franca@equalopportunitytraining.com.au
National code to protect staff and students from sexual violence
The Federal Government has recently passed legislation to establish a mandatory National Higher Education Code to Prevent and Respond to Gender-based Violence.
The National Code will set standards and requirements that all higher education providers must meet to make students and staff safer at universities. They will be required to take steps to prevent gender-based violence, including providing education and training to staff members. Compliance with the obligations in the Code will be monitored and enforced through a range of compliance powers, with serious penalties for non-compliance.
Systemic racism rife in healthcare
A new report by the NSW Nurses and Midwives Association (NSWNMA) has exposed that nearly two-thirds of nurses, midwives and care workers from a Culturally and Linguistically Diverse (CALD) and/or Aboriginal and/or Torres Strait Islander background surveyed had been direct victims of racism which include:
- Racial bias – 44%
- Stereotyping – 37%
- Bullying – 33%
- Verbal abuse/insults – 21%
The report revealed that 88% of nurses, midwives and care workers who reported an incident of racism at work received no support. 73% didn’t report it to management due to lack of faith in the system and fear of repercussion.
The report also found that little progress has been made in tackling racism since the NSWMA’s previous report in 2019. It has now partnered with the Australian Human Rights Commission to collaborate on improvements to racism education and reporting.
Research exposes job discrimination against skilled migrants
New research has exposed the systemic and interpersonal racial discrimination that persists within workplaces despite Australia’s anti-discrimination laws.
Skilled migrants reported experiencing workplace discrimination in job interviews, with employers expressing concerns about candidates’ communication skills. The study explains that linguistic bias often manifests as concerns about communication, which forms barriers to employment for skilled migrants.
Some skilled migrants reported not even making it to the interview stage because of assumptions made by employers based on their names. Everyday discrimination continues to limit skilled migrants’ abilities to undertake work aligned with their skills and qualifications.
Sexual harassment remains rife in the music industry
Sexual harassment has long been rife in the live music scene. Creative industries staff recorded the second-highest rate of sexual harassment (5.9%), behind public health care workers (8.2%).
The data also shows that employees in creative industries substantially underreport sexual harassment, with nearly half of respondents pretending it didn’t bother them.
Leading legal voices have called for stronger action from the Australian Human Rights Commission, noting they have failed to prosecute a single employer for failing to comply with their positive duty to prevent sexual harassment, despite evidence that it remains systemic in the broader hospitality industry.
Music industry employers are encouraged to strengthen their workplace policies and seek appropriate guidance to understand and implement their obligations.
Construction workers at a higher risk of suicide
Construction workers are nearly twice as likely to take their own lives as other employed Australian men of the same age.
Experts believe that this is a result of the psychosocial hazards and risks present in the industry, including the ‘harden-up’ mentality that exists in male-dominated industries and discourages vulnerability. Long working hours and unsociable working hours may also contribute. Apprentices are at even greater risk, in part because they experience bullying at higher rates.
Employers in male dominated industries such as construction should take steps to ensure workplaces are psychologically safe and supportive environments for employees.