What Australian employers can learn from the recent withdrawal of a psychosocial risk prosecution in NSW

This episode marks the first in a new Ashurst series on Employment and Safety law developments in Australia. After collaborating on a landmark psychosocial risk court case, Ashurst partner Scarlet Reid and State Chambers barrister Bruce Hodgkinson AM SC reflect on what employers might learn.

Along the way, Scarlet and Bruce discusses the threshold for psychosocial harm and whether stress meets that test, the complexities of what constitutes “reasonable management action” and the importance of regularly updating employer policies. They also emphasise the value of training and instruction for line managers so that they can handle sensitive discussions in a way that is legally compliant, psychologically safe, and appropriate.

“There’s so much learning to come in this area,” Scarlet adds. “Guidance from courts will be very important as this area of the law continues to develop.”

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The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.