Browsing: WHS decisions (National)


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The High Court has agreed to consider quashing the application of allegedly outdated judgments that bar damages for psychiatric injuries caused by dismissal processes, in the case of a worker who was subjected to a sham dismissal after an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




MON
12:24PM

FWC rejects sacked worker's safety claims, highlights seriousness of his Twitter posts

A worker has unsuccessfully claimed he was unfairly sacked for raising safety concerns, with a commission hearing a safety regulator investigated and dismissed his concerns, and finding he was sacked for being unable to perform the inherent requirements of his role.



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