McGovern Legal

26/05/2026

https://mcgovernlegal.com.au/f/a-guide-to-workers-compensation-claims

Understanding Workers' Compensation in Western Australia

23/04/2026

The Fair Work Commission (FWC) is currently dealing with an extremely high volume of applications. As a result, matters are taking noticeably longer than they once did, particularly at the front end of the process including the issuing of case numbers and the listing of conciliation conferences.

A significant contributor to this increase in volume is the growing use of AI tools by employees to draft unfair dismissal and general protections applications. This trend is not occurring because AI is replacing lawyers in any meaningful sense. Rather, it is filling a gap created by the economics of the system itself.

Most FWC matters are financially marginal. Settlement ranges are often modest, costs are rarely recoverable, and the work required to run a matter properly is disproportionate to the likely outcome. As a result, many people simply cannot afford legal representation, and many firms cannot economically justify taking these matters on. Legal aid and community legal services do not meaningfully bridge this gap as the demand is high.

In that environment, the realistic choice for many applicants is not “lawyer versus AI”, but AI‑assisted self‑representation versus no claim at all.

Unless the underlying economics change through better funding, different cost rules, or
stronger front‑end filtering mechanisms, AI‑driven self‑representation will continue to rise, not fall.

There are consequences to this shift. Many applicants approach the process with unrealistic expectations, a misinterpretation of legislation, or an overestimation of remedies available to them. AI can help draft documents, but it does not exercise forensic judgment, manage evidence, run hearings, or represent parties in conference or court. Applicants ultimately remain responsible for navigating a legal process they are not trained to handle.

At the same time, every application, regardless of its merits, still consumes Commission resources. This is where delay is now most visible, and where systemic pressure is most acute.

In short, this is not primarily a technology problem. It is an access‑to‑justice and funding problem. AI is simply amplifying pressures that already existed in a system where many disputes have high personal stakes, low financial value, and limited pathways to affordable representation.

28/01/2026

What to Do When You’re Called Into a Workplace Meeting
28 January 2026

You receive an email out of the blue: “You are required to attend a meeting with the Head of Department and Human Resources at 9.00am next Monday.”

Being called into a workplace meeting is often the first step in an investigative or disciplinary process. Loss of control, fear of the unknown, and concern about your employment can cause significant anxiety. Before you even step into the room, preparation is key.

Is this an investigation?
Before attending, seek written confirmation of:

Whether the meeting is disciplinary, investigative, or informal
Who will be attending and their roles
Whether the meeting is being conducted under a policy or procedure
Whether notes or recordings will be made

If it forms part of a formal process, request copies of:

Any relevant policies or procedures
Any allegations or concerns
Any documents said to be relied upon

You are entitled to understand the process you are being placed into.

The art of listening
If you are expected to respond to allegations, they should be provided to you in advance and in writing, along with any documents you need to review. You should have time to:

Consider the allegations
Prepare a chronology if appropriate
Seek advice before responding

Often, little or no information is provided beforehand. In those circumstances, the safest approach may be to attend to listen only. You can make it clear that:

You are attending to understand the issues
You will respond at a later date after proper consideration in writing

During the meeting:

Listen carefully
Ask for allegations to be provided in writing
Avoid defensiveness or speculation
Do not provide off-the-cuff explanations
Do not guess
Do not feel pressured to fill silence

Poorly considered answers often become evidence.

Support persons
For most investigative or disciplinary meetings, you are entitled to request a support person. A support person can:

Provide emotional support
Take notes
Call for breaks

They will not usually advocate on your behalf, but their presence alone can significantly change the tone of a meeting. Unreasonable refusal to allow a support person may undermine the fairness of any later disciplinary outcome.

Your support person should record:

Who attended
When the meeting occurred
What was said
What was requested
What outcomes were flagged

The choice of support person matters.

The day of the meeting
Before the meeting:

Confirm the time, place, and format (in-person / phone / video)
Ensure you have adequate time to prepare
Meet with your support person beforehand
Decide whether your role is to listen only

If documents or information are to be presented, ensure they are organised, factual, and limited to what is necessary.

You are entitled to request breaks. You are entitled to take notes. You are entitled to time before responding.

A safe default sentence
“I’m happy to listen today, but I may need time to properly consider what’s being raised before responding.”

When to seek legal advice
Investigation or discipline is mentioned
Termination is foreshadowed
Mental health or injury is involved
You have recently raised concerns, taken leave, or made a complaint
Your duties, pay or role are being changed

23/01/2026

Being dismissed or treated differently after reporting a psychosocial injury is extremely distressing, and it’s also a major legal red flag.
In Australia, this can potentially involve:
• General protections (adverse action) – it’s unlawful to sack someone because they reported an injury, raised a health/safety issue, or made a workplace complaint.
• Unfair dismissal – if the dismissal was harsh, unjust or unreasonable.
• Workers’ compensation – you can still lodge a claim even if you’ve been terminated.
⏰ Important: Fair Work dismissal claims usually must be filed within 21 days.
Write down what happened while it’s fresh.
Save all emails/texts/letters.
See your GP/psychologist.
Get legal advice urgently.

21/01/2026

The number of psychosocial injuries in the workplace are rising. So what is a psychological injury?
It’s when the conditions of your job harm your mental health. Not because of something happening in your personal life but because of what you’re being exposed to at work. It’s recognised in law the same way a physical injury is. For examples diagnosed conditions like: anxiety, depression, PTSD and panic or adjustment disorder.
These types of injures often arise from things like bullying, harassment or intimidation
Unsafe workloads or unreasonable demands
Lack of support
Toxic workplace culture
Most injuries start with how people are treated.
Employers should be looking inwards, at the top. What do there leaders look like? Are they walking the talk? Because these types of injuries are preventable and happen when workplaces fail to manage psychosocial hazards the same way they manage physical hazards.

15/01/2026

Australia now recognises a right to sue for serious invasions of privacy.
Since June 2025, individuals can bring a direct court action if their privacy has been seriously invaded — including things like misuse of private information, intrusive surveillance, or unlawful recordings.
This is a big shift in Australian law and it has real implications for:
• workplaces
• employers
• HR practices
• media & social media
• and everyday people
If something private about you has been exposed, shared, recorded or misused — this change matters.

13/01/2026

You can be a great employee and:

Still say no.
Still set boundaries.
Still speak up.
Still disagree.
Still make mistakes.
Still prioritise your wellbeing.
Being

Being a “good worker” is not the same as being endlessly available, silent, or compliant.
If your workplace makes you feel like it is — that’s a red flag 🚩

10/01/2026

Every job you’ve had, you’ve probably grown into being the “go-to” person.
The capable one.
The reliable one.
The one who gets given more.
More responsibility.
More emotional labour.
More pressure.
More expectations.
Suddenly you’re training others.
Suddenly you’re given the harder tasks.
Suddenly it’s “you should know better.”
But rarely is it more pay.
Rarely is it recognition.
Rarely is it a new title.
Because so many workplaces reward time served — not contribution.
So if this is you, please look after yourself and if this is your workplace reality, it’s okay to question it. You deserve fair treatment, not quiet exploitation

Being capable should not cost you your health or your peace.
🫶

10/01/2026

09/01/2026

Going to work does not mean you sign away your safety, dignity, or wellbeing.
You have the right not to:
• Be bullied, intimidated, or harassed just for showing up to do your job.
• Be punished for having boundaries, a disability, being pregnant, having a mental health condition, or speaking up.
• Have your body, mind, or confidence broken so a workplace can protect power, ego, or profit.
• Be gaslit into believing the harm is your fault — that you’re “too sensitive,” “not resilient enough,” or “the problem.”
Employment is not consent to abuse.
You don’t need a “thicker skin.”
You deserve safety, respect — and sometimes, a way out.
If work is costing you your health, your peace, or your sense of self, something is wrong.
What harm have you experienced at work?
Let’s stop normalising toxic workplaces and start holding them to higher standards.