The Friday Workplace Briefing

Workplace bullying remains a key focus for employers across Victoria, with ongoing developments in workplace health and safety obligations, psychosocial hazard regulations, and employer responsibilities continuing to shape the legal landscape.

As regulators and courts place greater attention on workplace conduct and psychosocial risks, organisations need to stay informed about what these changes mean in practice. In this update, Kim McLagan and Monnette Samo examine the latest developments in Victoria’s bullying jurisdiction and emerging compliance expectations.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

Recent decisions from the Fair Work Commission and the Federal Circuit Court have sent a powerful message to employers and individual workers alike — sexual harassment liability is expanding rapidly, and the financial consequences are becoming increasingly significant. In the second major decision delivered within two weeks, substantial compensation orders were made against individual respondents, including in matters involving non-physical sexual harassment. These decisions reinforce the growing legal, reputational, and psychosocial safety risks facing workplaces that fail to properly prevent and respond to inappropriate conduct.

Andrew Douglas and Kim McLagan will discuss these important developments, the emerging legal trends, and what employers should be doing now to manage risk and meet their workplace obligations.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

When misconduct happens outside of work hours, employers are often faced with a difficult question: should a workplace investigation pause while criminal proceedings are underway?

In this week’s Friday Workplace Briefing, Kim McLagan and Monnette Samo unpack the legal boundaries of investigating employee conduct outside the workplace, including when private behaviour can become a workplace issue and justify disciplinary action.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

When is a workplace right not really a workplace right?

It’s a question more organisations are facing as complaints increase - particularly when they may not be raised in good faith. Can you recognise when a workplace right complaint is legitimate, and not made for an ulterior purpose?

Understanding the difference is critical to avoid harm to your organisation. Misusing workplace rights can create significant legal and cultural risks, yet handling these situations incorrectly can be just as damaging.

Join Andrew Douglas and Kim McLagan as they explore where the line is drawn, what the law says, and how employers can respond with confidence.

Stay tuned for practical insights to help you navigate this complex area.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

We’re pleased to share our latest podcast episode, where Andrew Douglas and Kim McLagan explore how reliance by directors on others can create a false sense of security. However, reliance does not remove responsibility. Directors remain ultimately accountable, and where things go wrong, they may still be held liable.

Understanding where reliance ends and responsibility begins is critical in today’s risk environment.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

We’re excited to share our latest podcast episode, where we examine the much-vexed issue of our employee communications with the media - both mainstream and social media.

In this episode, Andrew Douglas and Jim Babalis explore what this means in practice, by looking at the risks, responsibilities, and real-world implications for both employees and organisations. From navigating media engagement to understanding appropriate use of workplace systems, the conversation offers practical insights you won’t want to miss.

Whether you're an employer shaping policy or an employee wanting to stay informed, this discussion will help clarify expectations and spark important conversations.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

In our latest video, Andrew Douglas and a special guest cover an important and often misunderstood topic: Safety Regulator misconduct investigations.

Another case demonstrates safety regulators’ march into general workplace people management—this time focusing on the psychological hazards of investigating misconduct.

It’s scary how far psychological hazard law has extended into the day-to-day management of employees.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

There has been a rise in penalty awards for serious workplace safety injuries, bringing increased attention to how organisations manage risk, compliance, and accountability. For many businesses, this shift carries significant financial and reputational implications, making it more important than ever to stay informed and prepared.

In this episode, Kim McLagan and Jim Babalis share their perspectives on what’s driving these higher penalties and how regulators and courts are responding. They also discuss what this means in practical terms for employers, including where businesses are most exposed and the steps that can be taken now to reduce risk.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

In this discussion, Andrew Douglas and Monnette Samo examine the complex legal issue of double jeopardy in the context of workplace safety and criminal law. While the principle of double jeopardy is intended to prevent a person from being tried or punished twice for the same offence, serious workplace incidents can raise difficult questions when both safety legislation and criminal law apply to the same conduct.

Andrew and Monnette discuss how these situations arise, how courts approach the issue when two different legal frameworks apply to the same incident, and what this means for organisations, officers, and safety professionals. The discussion highlights the increasing overlap between workplace safety enforcement and criminal prosecution, and why understanding these risks is critical for those responsible for governance, compliance, and workplace safety.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.

Work-from-home is back in the spotlight, with the Labor government signalling stronger support for flexible work arrangements. Join us this week as Andrew Douglas and Kim McLagan discuss what this actually means for employers.

Recent workplace law discussions give employees greater ability to request flexible work, including working from home, and require employers to genuinely consider those requests. While remote work became common during the pandemic, these changes could further entrench hybrid work as a long-term expectation across many workplaces.

For employers, this raises important questions. Will work-from-home become the norm? How should businesses respond to employee requests? And what are the legal and operational implications?

In this update, we take a closer look at Labor’s work-from-home approach, whether it’s likely to gain momentum, and what employers should be doing now to stay ahead.

Watch this week’s Friday Workplace Briefing Video here.

See omnystudio.com/listener for privacy information.