Browsing: Adverse action claims | Page 13

THU

1:41PM

Adverse action against sick worker costs employer $100k

An employer that sacked a worker with chronic post-traumatic stress disorder, who refused to undertake a competency assessment because he was ill, has been ordered to pay him $100,000 in fines and compensation.

Jurisdiction (all) Jurisdiction (National) Jurisdiction (SA) Workplace safety Legislation, regulation and caselaw Workplace safety court and tribunal decisions WHS decisions (National) WHS decisions (SA) Workers' compensation court and tribunal decisions Workers' comp decisions (National) Issue/challenge/risk (all) Industrial/employment issues Adverse action claims

TUE

3:18PM

High adverse action fines inevitable in safety cases

The recent Federal Court decision involving a Visy HSR should remind employers that courts will "always" impose hefty deterrence penalties in safety-related adverse action cases, an OHS lawyer says.

Jurisdiction (all) Jurisdiction (National) Jurisdiction (VIC) Workplace safety Legislation, regulation and caselaw Workplace safety court and tribunal decisions WHS decisions (National) Issue/challenge/risk (all) Industrial/employment issues Adverse action claims Worker type (all) Workplace safety representatives

TUE

3:54PM

Visy and manager handed high adverse action penalties

A Victorian employer and one of its managers have been handed high-range adverse action fines, after they suspended and issued a final warning to an HSR because he tagged as unsafe two defective forklifts, and then sought to "disguise" their motives in the Federal Court.

Jurisdiction (all) Jurisdiction (VIC) Workplace safety Legislation, regulation and caselaw Workplace safety court and tribunal decisions WHS decisions (VIC) Issue/challenge/risk (all) Industrial/employment issues Adverse action claims Worker type (all) Workplace safety representatives

FRI

11:28AM

Employer took adverse action against sick train driver

An employer took adverse action against a train driver - following a train crash - in sacking him for failing to undertake a competency assessment when he felt "violently ill", the Federal Circuit Court has found.

Jurisdiction (all) Jurisdiction (National) Jurisdiction (SA) Workplace safety Legislation, regulation and caselaw Workplace safety court and tribunal decisions WHS decisions (National) WHS decisions (SA) Issue/challenge/risk (all) Industrial/employment issues Adverse action claims Discrimination Termination Illness/injury/hazard type (all) Heavy vehicles, mobile plant, forklifts, quad bikes Psychological injuries

TUE

3:14PM

Legislation and cases update - Q2 2013

In this update, OHS Alert examines all the important OHS and workers' comp legislative changes made in the second quarter of 2013. We also recap the most significant court and tribunal rulings and other developments in each jurisdiction.

FRI

3:41PM

Six entities prosecuted over fall; and Warning on adverse action rise

Six entities prosecuted over workplace fall; and Union hints at taking more OHS matters to the Federal Court after adverse action case.

Jurisdiction (all) Jurisdiction (National) Jurisdiction (VIC) Jurisdiction (WA) Workplace safety Legislation, regulation and caselaw Workplace safety court and tribunal decisions WHS decisions (WA) Issue/challenge/risk (all) Industrial/employment issues Adverse action claims Illness/injury/hazard type (all) Work at heights

TUE

3:48PM

Suspended HSR wins major adverse action case

Visy Packaging Pty Ltd took adverse action against an HSR because he exercised his workplace right to "tag" two defective forklifts - less than two months after it urged employees to adopt a "zero tolerance" approach to unsafe practices, the Federal Court has found.

FRI

3:56PM

Worker fairly sacked for refusing urine test; and more

Worker who claimed urine tests weren't best practice was fairly sacked; and OHS complaints led to unfair dismissal, worker awarded $35k.

Jurisdiction (all) Jurisdiction (National) Workplace safety Legislation, regulation and caselaw Workplace safety court and tribunal decisions WHS decisions (National) Topic/practice (all) Issue/challenge/risk (all) Industrial/employment issues Adverse action claims Termination Illness/injury/hazard type (all) Psychosocial issues Drugs and alcohol

THU

1:44PM

Federal Court warns employers against interfering in HSR elections

A Federal Court judge has fined a Rio Tinto subsidiary $35,500 for taking adverse action against a health and safety committee nominee, and stressed the employer had "no right to interfere" with the committee election process.

Jurisdiction (all) Workplace safety Legislation, regulation and caselaw Workplace safety court and tribunal decisions Issue/challenge/risk (all) Industrial/employment issues Adverse action claims Worker type (all) Workplace safety representatives

TUE

12:48PM

Worker with cancer allegedly sacked for sick-leave request; and more

Worker with cancer allegedly sacked for sick-leave request; Cheap safety strap would have averted $42k fine; Hierarchy of controls must be followed for height work; and Safety reviews urged after work deaths and amputation.

Workers' compensation Jurisdiction (all) Jurisdiction (National) Jurisdiction (VIC) Jurisdiction (WA) Workplace safety Legislation, regulation and caselaw Authority/inspectorate news Authority/inspectorate (NSW) Workplace safety court and tribunal decisions WHS decisions (VIC) Workers' compensation court and tribunal decisions Workers' comp decisions (WA) Topic/practice (all) Injury prevention Issue/challenge/risk (all) Industrial/employment issues Absenteeism/sick leave Adverse action claims Illness/injury/hazard type (all) Work at heights

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