An emerging landscape – When psychosocial risk intersects with constructive dismissal cover art

An emerging landscape – When psychosocial risk intersects with constructive dismissal

An emerging landscape – When psychosocial risk intersects with constructive dismissal

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 In this episode, Kate and Greg dive into a recent Fair Work Commission case that brings psychosocial risk management and constructive dismissal into sharp focus.Their conversation once again explores the complex landscape of psychosocial hazards, with particular attention to sexual harassment and organisational justice. The case provides a timely opportunity for Greg to unpack the concept of constructive dismissal—a specific form of unfair dismissal—and explain the emerging implications for employers as a distinct employment risk separate, yet as always closely connected to, their workplace health & safety risks. Kate and Greg also examine internal investigation processes, which are central to how organisational justice is experienced. Recognising these investigations as pivotal “moments that matter,” they ponder a critical question: Why isn’t organisational justice more prominently featured as a critical risk on workplace risk registers?The episode touches on key themes such as confidentiality, workforce consultation, and the importance of clear, consistent, and transparent communication during internal investigations. The conversation reinforces that these elements are essential to fostering a sense of safety and fairness in the workplace.As always, Kate and Greg bring their signature insight and candour to another engaging bar-side chat. Grab a drink, get comfy and listen in! Connect with us:LinkedIn – Kate ConnorsLinkedIn – Greg SmithLinkedIn – EMLLinkedIn – Mutual Benefits Program Articles:Fair Work Act Decision – s394 – Unfair dismiss Resources:Elemental Psychology & Coaching websiteGreg Smith – Safety Books Proving Safety and Paper SafeEML websiteEML Psychosocial resources – Mutual Benefitshttps://www.eml.com.au/news-community/latest-news/reduce-psychosocial-risks-in-workplaces/ Follow Judgemental: A psychologist and a lawyer walk into a barSpotifyAppleAmazonYoutubeBe sure to subscribe, leave us a review or send us a message. This podcast series is proudly sponsored by EML. As Australia’s largest personal injury claims provider, EML provide services to the workers compensation, life insurance and CTP personal injury markets. For over 110-years, the EML Group has proudly helped people get their lives back after a workplace injury or illness.The Mutual Benefits program reinvests a portion of EML profits into innovative products, tools, initiatives and services that are designed to improve outcomes for employers, injured workers, and the communities we support.​Click here for the free resources available within the Mutual Benefit program to support psychosocial risk management in the workplace.
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