Employment Relations Podcast – It's AI, my dear Watson! The HR Field Guide to Gen-AI in Investigations and Beyond
Emily Haar, Ben Motro, and Emily Setter explore the benefits and risks of generative AI in HR investigations, offering guidance for responsible workplace implementation.
14 Jan 2026TRANSCRIPT
#46 Employment Relations Podcast – Safety in the workplace: drug and alcohol testing and policies
January is a time where organisations often review their policies and procedures for best practice compliance. One policy that might need a review, following recent case law developments, is your organisation's drug and alcohol policy.
In this episode of Employment Law for the Time Poor, Emily Haar, Partner, and Maida Mujkic, Associate, consider the implications for organisations arising from a string of 2024 and 2025 decisions in the Fair Work Commission.
In these cases, the issue of whether a dismissal following a positive substance test was "unfair" turned on how testing policies were worded, whether the organisation tested for "impairment" or a mere positive result, and how the relevant policy was communicated to staff. Having a very clear policy that sets out the rules is important, but if no one in the organisation understands what is expected of them, or how the employer will deal with a positive result, the organisation is placed at significant risk.
The situation becomes even more complicated because prescription medications, including medicinal cannabis, can also create potential safety risks in the workplace. Taking the time to get your safety framework right, including regular reviews to address changes, will be time well spent.
The following cases are discussed in this episode:
Gauci v DP World Brisbane Pty Limited [2024] FWC 2351
Woodgate v Queensland Rail [2024] FWC 3165
Sydney Trains v Goodsell [2024] FWCFB 401
Mills v Glamorgan Spring Bay Council [2025] FWC 116
Sydney International Container Terminals Pty Ltd v Hancock [2025] FWCFB 106
DP World Sydney Limited v Witherden [2025] FWCFB 133
For more on these issues, including relating to consultation, see our earlier Insight here: https://piperalderman.com.au/insight/lessons-for-employers-how-failure-to-consult-on-workplace-policy-led-to-reinstatement-of-intoxicated-worker/
20 Oct 2025TRANSCRIPT
#45 - Employment Relations Podcast: Employment Law for the Time Poor… Live!
Authors: Emily Haar, Andrew Stewart
In this special live-recorded episode of Employment Law for the Time Poor, Professor Andrew Stewart, Consultant, and Emily Haar, Partner, close the national Australian Labour and Employment Relations Association (ALERA) conference on 11 October 2025 with a wide ranging discussion touching on the latest hot-topics in employment and industrial relations.
They delve into the details of the recent FWO v Woolworths and Coles “annualised salaries” decision (more on that here) and the significant implications for record-keeping obligations, consider the biggest “fizzers” and “sleeper issues” in the recent rounds of reform, gaze into the crystal ball as to what may be coming down the legislative pipeline, and even take questions from the floor.
A very sincere thank you to the organising committee from ALERA for the opportunity to take our project on the road to Brisbane and to be able to connect with the profession nationally.
Subscribe here to ensure you never miss an invite to one of Piper Alderman’s Employment Relations events.
Inside a recent episode
Employment Relations Podcast – It's AI, my dear Watson! The HR Field Guide to Gen-AI in Investigations and Beyond
Published 21 Jul 2026 · Transcript excerpt
[…] And that can result in issues for employers like redundancies due to the increased use of AI, and restructures as a consequence of that and the employment law considerations that arise. You've also got issues around skill gaps. So do employees actually have the skills and training to use AI effectively? After all, we didn't go to university to learn how to use AI. And so there is likely to be for a number of employees a real skill gap issue. The other thing that comes to mind as well is the workforce planning implications with the increased use of AI and whether or not, for instance, we're effectively training junior staff members. […]
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