In New South Wales, one in five workplace complaints are now psychosocial. SafeWork NSW data revealed that psychosocial hazards account for 19.5 per cent of complaints, as frequent a complaint as falling from heights. In the six months between July and December last year, there were 1,476 requests for service related to psychosocial harms.
The recent case involving radio personalities Kyle and Jackie O raised the fundamental workplace liability that is changing laws across multiple states and territories.
Linda Mackinlay is a Partner at Bartier Perry. She says, “There’s no single reason why we’re seeing more of these claims. I see it as more a combination of factors, from an increased focus on psychosocial risks in law and policy, to greater awareness of employee rights, the complexity of work itself and broader socioeconomic stresses that are increasingly spilling into the workplace.”
As for the Kyle and Jackie O effect, Mackinlay says, “Typically, whenever there is increased media coverage of a matter it heightens awareness and leads to increased enquiries. We have seen this with high profile cases such as the record sexual harassment payout involving the Max Mex employee.”
In August 2025, a Sydney-based Mad Mex employee was awarded $305,000 in compensation and damages after the court found her employer guilty of sexual harassment and victimisation.
Fay Calderone, Partner at Hall & Wilcox, attributes the rise in cases to three key factors.
“First, there is a genuine...
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