New report reveals widespread psychosocial harm in workplaces
New data from the Australia Council of Trade Unions shows that 1 in 5 Australian workers suffered a mental health injury in the past year. The Work Shouldn’t Hurt Survey reveals high levels of burnout, stress, and overwork.
The report (not yet publicly available) points to widespread psychosocial harm, including increasing workplace violence, aggression and discrimination. The data confirms that:
- Women suffer more injuries to their mental health than men
- Younger workers are the most exposed to psychosocial hazards at work
- Violence and aggression are most common in education, health and social services
- 35% of all workers reported they were regularly or always exposed to stress in their workplaces.
As part of Safe Work Australia’s Best Practice Review, Australian unions will urge the government to introduce new regulations to tackle specific psychosocial hazards including violence and aggression in the workplace, as well as high rates of discrimination.
The proposed changes will require employers to take proactive steps to identify and control these risks in consultation with workers, and outline these in written prevention plans.
When does workplace bullying amount to serious misconduct?
In a recent case, the Fair Work Commission (FWC) considered whether substantiated findings of bullying amounted to serious misconduct.
In dispute was the employer’s decision to impose a disciplinary sanction on the applicant following an investigator’s findings that the applicant had engaged in bullying towards co-workers. At first instance, the FWC considered that the substantiated finding of bullying conduct was sufficient to justify a finding of serious misconduct. On appeal, it was determined that the FWC had equated bullying with serious misconduct, constituting an error of law.
The FWC said that in this case whether bullying amounted to serious misconduct was determined by the meaning given to bullying in the relevant enterprise agreement. It was considered that some cases of bullying may not amount to misconduct because bullying ranges across a spectrum of seriousness. The findings resulted in the decision at first instance being quashed and the matter remitted for the Commission to re-determine.
This case demonstrates that employers should avoid taking a blanket approach to inappropriate workplace conduct and consider each case carefully.
Company investigating sexual misconduct claims
A global real estate giant is investigating allegations that a senior employee sexually harassed a colleague this year and that managers at the company were in inappropriate workplace relationships.
According to the complaint, an employee allegedly placed his hands down the pants of another employee without consent at a company event. This was reported to the firm’s head of investigations and human resources chief. The complaint alleges that company’s response was that there was not enough evidence – even though multiple witnesses came forward. In a separate incident, a senior manager was alleged to have conducted an affair with a subordinate at a staff function and client event. The company is now investigating the allegations.
Sacked police officer loses review of dismissal
A former NSW police officer who shared pornography and sexual material with colleagues will not return to the force, as the state’s Industrial Relations Commission (IRC) upheld his dismissal.
The officer was stood down in March this year after it was revealed he had shared explicit images, videos, and audio with colleagues in 2019 and 2020. The IRC considered five allegations of misconduct that led to his termination and found him to be an unimpressive witness, pointing to inconsistencies between his statements and evidence.
The IRC found that he lacked insight into the seriousness of his conduct and ultimately upheld his dismissal, ruling that it was not harsh, unreasonable or unjust.
Reforms to WHS laws around digital safety
The NSW government is introducing reforms to Work Health and Safety (WHS) laws which clarify responsibility around the use of digital work systems.
Under the proposed legislation, a Person Conducting a Business or Undertaking (PCBU) will be required to ensure these tools do not lead to unsafe workloads, unreasonable performance tracking, excessive surveillance or discriminatory work allocation.
This clarifies and adds to the existing workplace safety duties under the Work Health and Safety Act 2011 (NSW) that require employers to provide safe workplaces. The Bill responds to recommendations of the Select Committee on the Impact of Technological and Other Change on the Future of Work and Workers in NSW (reported in 2022) regarding the rise of digital systems and their impacts on worker psychosocial health.
Manager challenges unfair dismissal for sexual harassment
A supermarket manager challenged his dismissal after being found to have sexually harassed a younger international student colleague through repeated messages, comments about her appearance, and requests for dates. The FWC found the conduct was sexual in nature, breached workplace policies and the code of conduct, and created humiliation and discomfort for the colleague.
The FWC noted procedural shortcomings in the employer’s dismissal of the worker, including that the worker was not informed in advance of the allegations before his investigative interview. Further to this, additional conduct later relied upon to justify dismissal had not been put to him before the decision was made, meaning he had not been able to respond to all reasons for termination.
Whilst these factors weighed towards unfair dismissal, the seriousness and impact of the proven harassment outweighed them, and the FWC dismissed the application.
Female MPs share experiences of workplace harassment and assault
Several female Victorian MPs have shared their experiences of workplace harassment and assault during a debate on new laws to restrict workplace non-disclosure agreements (NDAs).
Victoria has launched a four-week consultation to determine how the new laws should operate. The aim is to prevent workplace sexual harassment by stopping victims from being silenced.
Victoria’s Minister for Women told parliament she was groped by Essendon players while working as a young waitress in the 1990s. Animal Justice Party MP also alleged that she was sexually harassed both during her time as a parliamentary staffer and in the hospitality and legal sectors. She referenced late-night messages, harassing phone calls and texts, and “the bombardment of digital contact” from another MP. She said she reported the harassment but immediately became the target of rumours and slut shaming.
New mining technologies bring psychosocial risks
New research from Edith Cowan University highlights the need for effective management and integration of new technologies in the workplace, with emerging mining technologies bringing psychosocial risks such as:
- Potential for technology-related incidents
- Increased security and privacy vulnerabilities
- Rising cognitive demands that may affect employee wellbeing and job satisfaction.
This research comes amid a growing conversation in the mining sector around mental health, an industry where suicide rates are 80% higher than the national average.
Researchers have urged employers to apply human-centric principles, supported by strategic planning, training and reskilling, and continuous feedback to ensure technology enhances works rather than creating new pressures.
FWC orders compensation for mentally distressed employee
The FWC has ordered Services Australia to compensate an employee whose resignation was accepted while he was experiencing a severe mental health breakdown.
The employee said issues – including bullying from a subordinate – began in 2024. He ceased work in early February 2025 and provided medical evidence that his job was damaging his mental health. Despite this, he continued to engage with management and the agency’s respect team.
The FWC found that ongoing communication unintentionally worsened his condition, and that the agency should have limited contact and ensured a single point of support. By accepting his resignation immediately, rather than confirming his intention, Services Australia effectively left him no real choice but to resign, resulting in dismissal. The dismissal was deemed harsh and thus unfair by the FWC.
Parliamentary staff raise concerns about toxic work environment
A new report reveals that parliamentary staff in SA say their workplace is toxic and has not progressed on cultural reform. Participants described a parliamentary workplace culture “characterised by low psychological safety, poor organisational trust, and a genuine fear of reprisal”.
A 2021 report into harassment in the SA parliamentary workplace found sexual harassment was prevalent and uncovered allegations of sexually suggestive comments, indecent exposure and physical assault.
The new report notes that the recommendations from the 2021 report have not yet translated into meaningful cultural transformation. SA parliament is now understood to be implementing recommendations from the recent independent review, with priorities focused on “strengthening performance management frameworks, expanding trauma-informed training, and enhancing accountability mechanisms”.
Executive sues employer for discrimination
A senior executive at Woolworths is suing the supermarket giant for discrimination after being hospitalised five times while routinely working more than 100 hours a week.
The executive says she was told in September 2020 that she would be promoted, but after receiving a cancer diagnosis in 2022, was advised the promotion would not proceed. Despite undergoing treatment, she claims she continued to work up to 115 hours a week. In March 2024, she was allegedly made redundant and offered a lower-level role focused on AI.
She is seeking compensation for lost future earnings and bonuses, medical expenses, and damage to her professional reputation. A spokesperson from the company said they intend to defend the claim.
