• 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
    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
    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
  • Mitigating vicarious trauma – in conversation with Amy Nicholas
    Jun 27 2025
    Each year, the month of June is dedicated to increasing public knowledge about PTSD, a condition that can arise from various traumatic experiences, not just combat or obvious traumatic events. In this episode of the Judgemental Podcast, Kate and Greg recognise PTSD Awareness month by delving into the complexity of vicarious trauma – one of the twelve psychosocial risks. To help navigate this important conversation, they’re joined in the virtual bar by Amy Nicholas, author of the 2023 Churchill Fellowship-sponsored report, “Mitigating Vicarious Trauma: Adopting an Occupational Safety Approach.” Amy’s groundbreaking work draws on insights from leading global practitioners and academics who are dedicated to understanding, preventing, and responding to the harm associated with exposure to traumatic content.Together, Kate, Greg, and Amy unpack the report’s key findings, including:• The distinct “pathways” through which vicarious trauma can cause harm• The protective factors that organisations must intentionally design for• Practical work design controls and real-world case studies that offer hope and directionAs always, there’s a moment for the legal lens to come into focus—this time exploring the evolving landscape of codes of practice, regulation, and legislation surrounding psychosocial hazards in the workplace.So whether you're sipping a hot chocolate, a calming tea, or something a little stronger, pull up a seat in the virtual bar and join Kate, Greg, and Amy for a thoughtful, timely, and important conversation. Connect with us:LinkedIn – Kate ConnorsLinkedIn – Greg SmithLinkedIn – Amy NicolasLinkedIn – EMLLinkedIn – Mutual Benefits Program Resources:Mitigating vicarious trauma: adopting an occupational safety approachSafeWork NSW v Marist Youth Care Limited [2024] NSWDC74Elemental 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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    1 hr and 1 min
  • Reasonable management action within workers compensation systems
    Jun 24 2025
    In the third and final episode of the reasonable management action deep dive, the Judgemental team are joined by Erica Thuijs, Greg’s colleague and an expert in employer’s liability and workers compensation. In this episode, Erica, Kate and Greg take the discussion straight into the workplace to explore the nuances of the various workers compensation jurisdictions in Australia, whilst examining the key considerations for employers. Concepts such as ‘reasonableness’, ‘fairness’ and ‘harshness’ are reviewed from a multitude of angles – encompassing legal, psychological and safety considerations for the workplace.With the varied and somewhat opposing legal vs psychological frameworks in the mix, it’s another episode designed to nurture ponderings and reflections in the wonderful world of psychosocial risk. Grab a drink and join Kate, Greg and Erica at the bar. Connect with us:LinkedIn – Kate ConnorsLinkedIn – Greg SmithLinkedIn – Erica ThijsLinkedIn – EMLLinkedIn – Mutual Benefits Program Resources:District court of Western Australia, Suleski -v- Pilbara Iron Company (Services) Pty Ltd, 17 August 2018High Court of Australia, Comcare v Martin [2016] HCA 43 (9 November 2016)Livingston, Jackson & Priestley (2021) Root causes analysis: Literature reviewDr Ivan Pupulidy and Crista Vesel - Human and Organisational PotentialElemental 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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    1 hr
  • Reasonable management action – A discussion about a FairWork Commission decision
    Jun 11 2025
    In this much-anticipated deep dive, the Judgemental team unpacks the complexities of “reasonable management action” through the lens of a fascinating 2014 Fair Work Commission case. The episode centres on an application to stop workplace bullying—brought not by a subordinate, but by a manager who claimed her team was targeting her with unreasonable bullying allegations and that she lacked support from higher management.This case raises compelling questions about what constitutes unreasonable behaviour, how bullying is defined in a legal context, and the broader implications for psychosocial risk and workplace health and safety.As always, Greg brings his sharp legal analysis, while Kate explores the psychological dimensions, offering listeners a rich, multidimensional perspective. With their contrasting yet complementary viewpoints, this episode is sure to spark thoughtful reflection on the evolving landscape of workplace dynamics and psychosocial risk.Grab a drink and settle in for another episode at the bar! Connect with us:LinkedIn – Kate ConnorsLinkedIn – Greg SmithLinkedIn – EMLLinkedIn – Mutual Benefits Program Resources:Fair Work Commission Decision websiteElemental 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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    52 mins
  • Reasonable management action - let’s get this party started!
    May 21 2025
    It’s what judgemental listeners have been waiting for. Our episode on reasonable management action is here!. Rated by our listeners as their biggest priority, Kate and Greg get the party started with the first of three episodes dedicated to reasonable management action.To kick things off, Greg shares and summarises the legalities of reasonable management action. As usual, Kate’s psychologist brain takes the conversation into a conversation with humanises the topic and connects the dots for listeners when it comes to psychosocial risk management.Have you ever considered the idea of reasonable management action? Have you examined the controls that exist when measuring and managing reasonable management action as a psychosocial risk? Where is the distinction between bullying and harassment, and an unsupportive leader?Grab a drink and settle in to join Kate and Greg as they open the door into this very complex area. Connect with us:LinkedIn – Kate ConnorsLinkedIn – Greg SmithLinkedIn – EMLLinkedIn – Mutual Benefits Program Resources:Case law benchbooks, Fair Work commissionElemental 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
  • Leadership wellbeing & psychosocial risk – a CEOs experience and perspective
    May 2 2025
    To finish up the three-episode deep dive into leader wellbeing, we thought it important to provide airtime to an actual leader!Rachel Green is the CEO at SANE. Over the past 15 years, Rachel has held a range of senior executive roles and positions on Boards including the National Mental Health Commission, Black Dog Institute, Department of Health and Aged Care, ICLA, Department of Prime Minister and Cabinet, and SANDS. With such extensive senior executive, as well as subject knowledge expertise, the conversation was deemed “margarita worthy.”Rachel shares her perspectives on her greatest fear for Australian workplaces from possible unintended consequences of the WHS psychosocial regulatory environment, and shares the question she often asks when people seek her view when serious incidents occur with a link to mental illness…”have we considered if the system and services are adequately funded?”This episode’s topics range from visionary reflections on WHS and inclusion systems and policy level levers, all the way through to the personal toll of leadership on leaders. Thank you Rachel for joining us in the bar for this important discussion that doesn’t receive anywhere near enough attention. Connect with us:LinkedIn – Kate ConnorsLinkedIn – Greg SmithLinkedIn – Rachel GreenLinkedIn – EMLLinkedIn – Mutual Benefits Program Resources:Elemental Psychology & Coaching websiteGreg Smith – Safety Books Proving Safety and Paper SafeTo learn more about SANE and / or offer your support to this amazing organisation websiteEML 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