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Mind Your Head: Mental Health & Employment Law

Ever had a boss laugh in your face when you asked for paid personal leave? Or been feeling down in the dumps and then had an epic dummy spit at your manager? Maybe you’ve tried to performance manage an employee and found yourself on the wrong side of a bullying or workers compensation claim for psychological stress.

The scenarios are seemingly endless.



Employment law issues that have a mental health aspect have always posed an extreme challenge to HR practitioners and lawyers alike. It is a card that has been played by toxic employees as a tool to stymy disciplinary action, a symptom of employees genuinely exposed to bullying at work, and a massive concern for those who bring serious personal issues to work with them. In recent times, the case law has shown that the Courts will not hesitate to penalise employers who do not follow proper processes in relation to mental health related employment matters. Join us for our upcoming seminar where we will provide both HR practitioners and other managers with practical guidance on a range of complex issues including:

  • How has the law responded to the rise in mental health issues at work

  • The Fair Work Commission’s response to dismissals that involve mental health issues

  • Psychological injury, fitness for work and employer obligations

  • What to do if a grievance claim arises out of a performance management process

  • Employer’s duty of care to employees involved in workplace investigations

  • Work related mental health issues versus outside of work factors and pre-existing conditions

  • Strategies for supporting mental health related issues and knowing when to refer on to mediations, psychological assessments, counselling

  • Terminating employment safely.

We will also provide a timely industrial relations update. We look forward to you joining us for this insightful and practical session on a complex, sensitive but increasingly prevalent issue in Australian workplaces. To register your place please go to our website www.hrws.com.au and click on Book Seminar.

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helen@hrws.com.au | 0433 656 399

richard@hrws.com.au | 0408 611 850

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