Browsing: WHS decisions (National)


THU
12:30PM

Purported inaction on trauma did not force resignation, worker resisted medical requests

A commission has rejected a worker's allegations that she was forced to resign because her employer failed to shield her from vicarious trauma and its approach to psychological safety was "stuck in the 1990s".




FRI
3:52PM

WHS prosecution of JH restored by appeals court; and company charged over child's fall

An appeals court has quashed a ruling that the WHS prosecution of a major company was invalid because of the process used to delegate the applicable regulatory powers. Meanwhile, a play centre has been charged with multiple safety breaches after a child fell seven metres.


TUE
2:50PM

High Court to clarify dismissal-related safety duties, rights

The High Court has agreed to consider quashing the application of allegedly outdated judgments that bar damages for psychiatric injuries caused by dismissal processes, in the case of a worker who was subjected to a sham dismissal after an incident on a work trip.


FRI
3:51PM

"Ethically reprehensible" and repeatedly aggressive manager loses adverse action and WHS claims

A "critical and insensitive" manager who routinely swore at his subordinates in an attempt to motivate them to meet purported "German demands" has lost his adverse action case, with a court finding his behaviour warranted instant dismissal and he wasn't the victim of WHS breaches.



FRI
3:44PM

Scheduler sentenced for recklessness after four deaths

A workplace supervisor has been sentenced for recklessly allowing a drug-affected truck driver to drive and kill four police officers, but cleared of allegations he would have known the driver was in an unfit state just by looking at him. He was originally charged with four counts of manslaughter.


THU
2:02PM

Antarctica prosecutions dismissed in practicability ruling

An appeals court has upheld the acquittals of two PCBUs charged over the hypothermia death of a helicopter pilot, confirming that the "cascading" series of WHS measures they allegedly failed to adopt were not reasonably practicable.


WED
2:28PM

Court clarifies level of detail needed in WHS permits after managers delay follow-up safety inspection

Two company managers' needless insistence that a union official clarify the particulars of his WHS entry permit was a "gossamer-thin" justification for delaying his safety inspection, a court has found in a scathing ruling reiterating the practical purpose of permits.


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