WHS Insights & Case Law Analysis | Martyn Campbell Consulting Blog

The psychosocial working environment: Global developments and pathways for action.

A significant new global report from the ILO highlights that psychosocial safety risks are not minor concerns but major occupational health and safety challenges with substantial human, organizational, and economic impacts. The report estimates that work-related psychosocial risk factors are linked to over 840,000 deaths annually, nearly 45 million disability-adjusted life years lost, and approximately 1.37% of global GDP in yearly losses. Using the IMF’s April 2026 world nom

Apr 231 min read

The Officer duty that cannot be delegated: When relying on expertise becomes an excuse.

Two fatalities. A modified aircraft. Known risks. Simple controls that were not implemented. The decision in SafeWork NSW v Goulburn Flight Training Centre Pty Ltd; SafeWork NSW v Ferrara [2026] NSWDC 99 is a sharp reminder that officers cannot outsource their duty under work health and safety laws, even in highly technical environments. What happened In June 2021, a tandem skydive ended in tragedy. A modified step fitted to a Cessna aircraft, designed internally to improve

Apr 213 min read

Hazing is not harmless: a safety and legal failure in modern workplaces

Jarrod McRae v Jetstar Airways Pty Limited [2026] FWC 1122 A recent decision of the Fair Work Commission reinforces a critical shift in workplace standards: hazing, “horseplay”, and informal discipline are no longer culturally tolerated, they are safety breaches with legal consequences. In this case, a highly experienced aircraft maintenance engineer with 23 years’ tenure was dismissed after engaging in unsafe conduct involving apprentices working at height. The incident: whe

Apr 204 min read

“Verify, don’t perform: The real test of WHS Officer due diligence”

Off the back of yesterday's article, here is another Officer / due diligence case ( Guilfoyle v Walshaw (Queensland Magistrates Court, 2024)) that sets expectations of what good should be. In this case, the Officer was acquitted of a charge of breaching Office duties under the Work Health & Safety Act (Qld) Facts of the Case Context and incident The defendant (Walshaw) was the former Managing Director (Officer) of a company operating a zipline course in Far North Queensland.

Apr 163 min read

When systems fail at the top: What Gibson v Maritime New Zealand (2026) means for WHS Officers

In March 2026, the New Zealand High Court decision in Gibson v Maritime New Zealand presents a significant development in modern work health and safety law. It addresses a question that has long sat largely untested in complex organisations: What does “due diligence” actually require of a chief executive? This case provides a clear, and confronting, answer. The incident In August 2020, a 31-year-old stevedore was killed at the Port of Auckland when a container fell during c

Apr 154 min read

Balancing psychosocial safety obligations with legitimate performance management and investigative processes.

This article builds on yesterday's blog. Two recent Australian industrial decisions highlight a critical and often misunderstood psychosocial safety tension in modern workplaces. How do organisations balance psychosocial safety obligations with legitimate performance management and investigative processes? Together, these cases provide a clear signal to Boards, Executives, and WHS leaders and expose where organisations are getting it right, and where they are falling short. M

Apr 13 min read

When performance management is mistaken for bullying: A critical Fair Work Commission decision for employers

A recent decision of the Australian Fair Work Commission, in Heidel [2026] FWC 893 , provides a timely and important clarification for organisations navigating the increasingly complex intersection of psychosocial safety, performance management, and workplace behaviour. At its core, the case reinforces a fundamental principle: not all uncomfortable or challenging management action constitutes bullying. The case in brief A Program Manager at the University of Notre Dame Austra

Mar 313 min read

When Performance Management Becomes a Psychosocial Hazard

Late last year, Australia crossed a significant legal threshold in work health and safety enforcement. For the first time, a Commonwealth employer was convicted for failing to manage psychosocial risks under federal work health and safety legislation. The case was brought by Comcare against the Department of Defence, following the death of a Royal Australian Air Force technician. The message from the court was unequivocal: performance management, when poorly designed or execu

Jan 143 min read

Social Media Posts Outside of Work Can Constitute Sexual Harassment

Below is a synopsis of the recent case based of the Fair Work Commission decision Pushik v Woolworths Group Limited [2025] FWC 3290. Circumstances A long-serving Woolworths Manager, Mr Pushik, was summarily dismissed after sending a series of unwelcome Facebook messages, emojis, and comments to a younger colleague, Ms Ghimire, over several months. These included multiple “love”, “I love you”, “Do you love me” messages, heart-eyes emojis, Valentine’s Day GIFs, red-rose images,

Dec 7, 20253 min read