Browsing: Adverse action claims | Page 6

A franchisee of a major fast food chain has claimed that WHS laws do not confer an entitlement on its workers to have a drink or go to the toilet outside their scheduled 10-minute drink break, in an ongoing Federal Court case.

A union and two officials have been fined $156,900 for using "bogus" training and safety concerns to coerce an employer into continuing to provide an injured worker with suitable duties.

A worker sacked for falling asleep on a high-risk job has unsuccessfully argued that his cough medicine made him drowsy and his dismissal was unfair. Meanwhile, the CSIRO has been fined $7,500 for taking adverse action against an injured worker through the actions of a senior HSE manager.

A major employer has been cleared of coercing a worker not to make a workers' comp claim, but fined over an HSE manager's unprofessional actions in dealing with the worker's complaints against her injury management coordinator.

The effect of a worker's disability on their work capacity doesn't always constitute part of the disability, a full Federal Court has found, in quashing a finding that an employer that dismissed a worker on stress leave discriminated against him because of his mental disability.

A major employer has been ordered to provide a series of draft disciplinary and injury reports to a former OHS manager, who claims the company discriminated against him by refusing to appoint him vice president of health and safety because of his gender.

A worker breached his employer's bullying and harassment policy by creating and sharing a Hitler video parodying the company's protracted negotiations, a commission has found. Meanwhile, a court has blocked a morbidly obese worker from making a further 15 claims against an employer, and found he "needlessly" compared its conduct with Nazi guards.

A union and two organisers attempted to pressure an employer to continue providing work to an injured delegate by making "bogus" safety complaints about manual handling training and rescue kits at three sites, a court has found.

An employer could have avoided an adverse action complaint from an injured worker, who claimed his role was given to another worker, by being more clear and direct that the latter was only covering for him on a temporary basis, a court has found.

A major employer has been granted access to a worker's medical records to determine whether he deliberately falsely denied having a medical condition in a health assessment.