Leading commentary and perspectives on employment and labor law
Procedural fairness and trauma‑informed practice are complementary approaches to investigations. By applying the three rules of procedural fairness, investigators create conditions for investigations that are both legally robust and psychologically safe. Employers should ensure investigators understand how trauma‑informed principles reinforce procedural fairness to deliver fair, transparent, and accurate outcomes.
In…
What employers need to know:
By embedding the six core principles of trauma-informed practice to workplace investigations, employers can create respectful, effective processes that lead to more reliable outcomes and foster a culture of trust. We recommend that employers review and align their policies with psychological safety obligations, and ensure that their investigators are trained…
In another important decision regarding wage compliance, the Full Court of the Federal Court has handed down a ruling with major implications for franchisors. The decision confirms that franchisors can be held legally responsible for the wage theft of their franchisees, even where the case against the franchisee relies on a “reverse onus of proof”.…
What employers need to know:
Adapting a trauma-informed approach to workplace investigations can greatly reduce harm, improve legal compliance, and lead to more accurate outcomes. By prioritising employees’ safety, trust, and fairness, organisations foster a culture of respect and accountability – ultimately strengthening employee engagement and reducing psychosocial risk.
For decades, the model for workplace…
Acknowledgements to Melinda Bell and Lyndel David for their contributions.
On Friday, 5 September 2025, the Federal Court of Australia (Court) issued an important decision in Fair Work Ombudsman v Woolworths Group Limited & Ors [2025] FCA 1092 (FWO v Woolworths). The decision offers guidance to employers on how to ensure compliance with…
