mental health Archives - PH Solicitor

Appointment of Megan Fulford as Wellbeing Manager of the Law Institute of Victoria

jen — Sat, 10 Apr 2021 01:08:21 +0000

PH Solicitor welcomes the appointment of Megan Fulford as Wellbeing Manager of the Law Institute of Victoria. As a trained psychologist and extensive experience in emergency services Ms Fulford will be a welcome addition to the team to address mental health in the legal profession.

Ms Fulford drew on Paul Horvath’s comments around mental health in her welcome address as published in the Law Institute Journal, April 2021.

“……Part of the rationale for addressing these issues could be that employers are exposing themselves to liability if they neglect employee mental health. Employment Lawyer Paul Horvath says that while a certain amount of stress is acceptable in the workplace, there is a fine line between being driven and inspired by stressors, and finding oneself dragged down by a high pressure environment including, he says “long hours, the pressure to meet billables and generate business for the firm, tight (and often unexpected) deadlines, an unbalanced workload, the pressure to deliver the best outcome to our clients no matter the circumstances and rapidly changing technologies (made evident by the pandemic)”.

Employers and managers must be the drivers of cultural change within their workplace, Mr Horvath says. “Those that ignore this issue face significant risks of breaching legislation, duty of care and company policies, and a demotivated workforce in the long term.””

For Paul’s full article please click here.

This information is general only and is not to be taken as legal advice with respect to your specific circumstances. Should you require advice specific to your circumstances, please contact the team at PH Solicitor at admin@phsolicitor.com.au or by phone on (03) 9642 0435.

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The law needs advocates for mental health

jen — Wed, 28 Oct 2020 05:31:19 +0000

Well done to Ines Perkovic on the publication of her first legal article to appear in the Law Institute Journal next week.

In a Snapshot:

This article covers what mental health means, specifically for legal practitioners, the impacts of neglecting mental health, and tips to ensure wellness in the law.
There are both “healthy’ and “unhealthy” levels of stress and the profession needs to be aware of vicarious trauma.
In order to create mentally healthier workplaces, we need acceptance of wellbeing as a priority and destigmatise mental health as a show of weakness from high performing lawyers.

Congratulations Ines.

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Paul Horvath’s podcast with The Happy Lawyer

jen — Thu, 15 Oct 2020 22:59:08 +0000

Paul was delighted to speak with Happy Lawyer Happy Life founder Clarissa Rayward all things law.

In this podcast chat Paul spoke about this and more

his legal career, starting as a criminal lawyer to his passion around Sports Law;
pivotal moments in his life particularly with his mother’s passing at a young age;
how he keeps and maintains his “mental fit”

Take a listen

https://www.phsolicitor.com.au/wp-content/uploads/2020/10/Episode_196_-_Paul_Horvath.mp3

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16th June 2020 – Employment Law Seminar: Return to Work/Mental Health

admin — Tue, 05 May 2020 07:31:16 +0000

You’re invited…….

Seminar: Return to work/mental health

Seminar objectives:

Navigating the process of an injured worker to return to work can be a difficult task for employers. Approaching the process with care and attention can not only help to ensure a smooth transition back to work for the employee, it can also help employers to protect themselves from legal claims which may arise from failing to adhere to applicable workplace laws.

This seminar aims to ensure employers are aware of their obligations regarding injured workers both while they are off work and upon their return. It will also cover employers’ obligations when it comes to the mental health of employees.

Who is presenting:

Paul Horvath (Principal) will present and discuss the key considerations for employers’ when dealing with injured employees, including employees with mental health conditions.

Paul has practised as a solicitor for over 25 years. He has worked in small and medium firms, including two years in the Employment and Industrial Law Section at Maurice Blackburn Lawyers.

Topics covered:

Employers’ obligations while employees are injured and away from work;
Employers’ obligations when employees return to work;
Practical tips to ensure a smooth return to work process;
Employees’ obligations relating to the mental health of employees; and
Practical tips for the promotion of a mentally healthy workplace.

Details:

Date: Tuesday 16th June 2020

Time: 5.30pm – 6.30pm

Location: via Zoom Conferencing – details will be supplied on confirmation of attendance

Cost: $30.00*

RSVP: 1st June 2020 to Shona (shona@phsolicitor.com.au) or call 03 9642 0435

*Each attendee will receive a copy of the PH Solicitor handbook – Employment Law Handbook, A Basic Guide for Businesses.

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The workplace mental health, ill employees, absenteeism and rtw management masterclass

admin — Sat, 07 Mar 2020 01:15:38 +0000

Failing to manage ill and injured employees appropriately puts employers at risk of the whole spectrum of employment law. The complication of legal claims arising from the mismanagement of ill and injured employees, including adverse action, discrimination and unfair dismissals, would result in severe reputational and financial damages for both organisation and employers if incidents are not handled properly. Furthermore, a higher degree of sensitivity is mandatory when dealing with people with mental illness or long-term absence.

The consolidation of medical information or the handling of suspected sick leave abuse have to be dealt with circumspection before organisations risk exposure when challenged under the law. In order to manage effectively these complex workplace situations and ensure that both business needs and employees’ rights are met, it is essential for employers, HR and WHS managers to keep up-to-date with the latest legislative changes, new case law, and proven strategies for managing ill and injured employees.

The Workplace Mental Health, Ill Employees, Absenteeism and RTW (Return-to-Work) Management Masterclass will enable you to gain a solid understanding of the relevant laws and procedures to manage ill employees, handle absenteeism and facilitate return-to-work in a fair and effective manger. It will also provide you with all the information and practical strategies you need to minimise risks and avoid hefty penalties.

https://www.eventfinda.com.au/2020/the-workplace-mental-health-masterclass/melbourne

Paul Horvath and the team at PH Solicitor have extensive experience in this area of employment law. We welcome you to contact us if you require legal assistance with your particular situation. We can be reached on (03) 9642 0435 or at info@phsolicitor.com.au

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Mental Health in the Workplace

admin — Mon, 20 Jan 2020 06:17:08 +0000

It’s estimated that 45 per cent of Australians will experience a mental health condition in their lifetime, the most common being anxiety and depression.¹ Anxiety and depression tend to affect people during their prime working years (16 to 64 years).² So, it is likely that as an employer, you will employ someone who suffers from a mental health condition.

Currently, untreated mental health conditions cost Australian workplaces approximately $10.9 billion per year. This comprises $4.7 billion in absenteeism, $6.1 billion in presenteeism and $146 million in compensation claims.³

Employers ought to take a proactive approach to workplace mental health, particularly given the development of mental illnesses can be contributed to by an unhealthy, stressful work environment, or through a particular workplace incident.

What can you do as an employer to manage mental health in the workplace?

Research indicates that ‘job stress and other work-related psychosocial hazards are emerging as the leading contributors to the burden of occupational disease and injury’.⁴

WorkSafe Victoria recommends the following risk management process to manage mental health in the workplace:
– Find the hazards in your workplace. Identify factors associated with work-related stress (e.g. job demands, stresses).
– Assess the risk of injury with those hazards. That means assessing the likelihood and consequence of injury or illness resulting from work-related stress. You don’t have to do a formal risk assessment if there is already information about the risk and how to control it.
– Control the risks. Implement risk-control measures to eliminate work-related stress risk so far as is reasonably practicable. If the risk can’t be eliminated then, reduce that risk so far as is reasonably practicable.
– Monitor and review your risk controls to ensure they address the organisational factors that have contributed or may contribute to work-related stress. Revise the controls if they are not working.⁵

We recommend that employers:

Undertake a commitment to promoting positive mental health in the workplace;
Provide effective and genuine communication between to employees, aiming to foster a supportive and more positive work environment;
Actively work to create a less stressful work culture, and ensure that employees feel appreciated; and
Implement workplace policies which encourage employees to seek help for mental health conditions.

Such action could not only lead to a more productive workplace, it could also help to minimise the risk of legal liability.

Please contact us if your business requires advice in relation to managing mental health In the workplace. We can be reached on (03) 9642 0435 or at info@phsolicitor.com.au. Nothing in this article should be relied on as legal advice. The contents of this article should be regarded as information only, and for specific legal matters, independent advice should always be sought.

Endnotes:

(1) Australian Bureau of Statistics (ABS). (2008). National Survey of Mental Health and Wellbeing: Summary of Results, 2007. Cat. no. (4326.0). Canberra: ABS.
(2) Australian Bureau of Statistics. (2008). National Survey of Mental Health and Wellbeing: Summary of Results, 2007, Table 1. Cat. no. (4326.0). Canberra: ABS.
(3) PwC. (2014) ‘Creating a mentally healthy workplace: return on investment analysis’. Accessed online from

http://www.headsup.org.au/docs/default-source/resources/beyondblue_workplaceroi_finalreport_may-2014.pdf
(4) LaMontagne AD, Keegel T & Vallance D (2007) Protecting and Promoting Mental Health in the Workplace: Developing a Systems Approach to Job Stress, Health Promotion Journal of Australia 2007,18, 221–8 (citing Marmot M, Siegrist J & Theorell T (2006) Health and the Psychological Environment at Work, Social Determinants of Health 2006, 97–130)
(5) See https://www.worksafe.vic.gov.au/work-related-stress-safety-basics

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