Judgemental - a psychologist and a lawyer walk into a bar cover art

Judgemental - a psychologist and a lawyer walk into a bar

Judgemental - a psychologist and a lawyer walk into a bar

By: Greg Smith and Kate Connors
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 An analysis of all things psychosocial risk, from psychological studies to legal proceedings and case law. Biological Sciences Economics Management Management & Leadership Philosophy Science Social Sciences
Episodes
  • When idiosyncratic is deemed unreasonable – a discussion on beliefs, bullying and organisational justice

    When idiosyncratic is deemed unreasonable – a discussion on beliefs, bullying and organisational justice
    Nov 18 2025
    In the final episode of Series 2, Kate and Greg settle into their metaphorical bar stools with cocktails in hand to unpack a recent Fair Work Commission decision that, while legally unremarkable, opens up a typically rich and thought provoking conversation.The case involves a worker placed on a performance management plan, who later lodged an anti-bullying application. Though the Commission found no bullying, it did note the applicant’s “idiosyncratic personalised belief system” – prompting Kate & Greg to consider the limited number of circumstances where such phrasing isn’t open to appeal. As always, the episode is equal parts sharp analysis and warm banter with both Kate and Greg naming their favourite conversations from Series 2. Which was yours? Connect with us:LinkedIn – Kate ConnorsLinkedIn – Greg SmithLinkedIn – EMLLinkedIn – Mutual Benefits Program Articles:Fair Work Commision decision – available here 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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    46 mins
  • An emerging landscape – When psychosocial risk intersects with constructive dismissal

    An emerging landscape – When psychosocial risk intersects with constructive dismissal
    Oct 28 2025
    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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    57 mins
  • Inside the minds of Australia’s workplaces

    Inside the minds of Australia’s workplaces
    Oct 10 2025
    In a Judgemental first – Kate and Greg are in the same location as they sit down with Keith Govias, Workplace Safety & Risk Principal for EML and dive inside the minds of Australia’s Workplaces. Mental health conditions now account for an increasing proportion of workers compensation and personal injury claims across the country. To better understand the landscape, EML commissioned research conducted by Monash University’s Healthy Working Lives Research Group. By analysing four major national data sets across workers (those with compensation claims, and those with mental health-related claims), the paper delivers important insights psychosocial risk management. Grab a drink of choice and join Kate, Greg and Keith to unpack the research – which offers more than just insights - it’s a clear call to action. Connect with us:LinkedIn – Keith Govias LinkedIn – Kate ConnorsLinkedIn – Greg SmithLinkedIn – EMLLinkedIn – Mutual Benefits Program 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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    48 mins
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