Viewing all articles in "Legislation, regulation and caselaw" which contains eight sub-topics, select one from the list below to further narrow your browsing.
A full Federal Court has granted Comcare another chance to dispute liability for a worker's 45-year-old injury, agreeing that critical medical evidence showing his condition might have been "normal" by the mid-1980s was overlooked by a decision maker.
A worker who allegedly slipped on a soapy floor with no "wet floor signs" has been permitted to a sue a major employer for damages, with a court finding the employer's bid to block her case wasn't helped by a policy of overwriting CCTV footage every two weeks.
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.
Another employer has been fined for workplace health and safety breaches affecting children, with its failures including not maintaining a safe supervision ratio of employees to customers.
An employer has overturned, in the Federal Court, a finding that a worker aggravated a 17-year-old work injury, by arguing there must be "an injury to be aggravated".
Disingenuous attempts by companies to curb s-xual harassment in response to increased attention on the matter are damaging the chances for change, according to the latest instalment of a landmark Australian study.
The full written reasons for Victoria's first workplace manslaughter conviction have outlined four key differences between the case and Australia's first industrial manslaughter prosecution in 2020. They also show the defendant's director should not have moved a forklift "another inch" until he was fully aware of the location of a pedestrian worker.
A court has found a PCBU guilty of WHS breaches after a worker was hit by a forklift, but ruled its failure to separate forklifts and pedestrians was not a failure directly linked to its director's due diligence duties.