An employer has been found not guilty of fatality-related WHS charges, after a judge found its verbal instructions were adequate, and it wasn't foreseeable that a drug-impaired worker and his colleague would defy their safety training.
A union has been denied a declaration that proposed changes to a major workplace's drug testing regime were defeated in a ballot, with a Queensland judge finding that the 257 workers who neglected to vote on the changes couldn't be regarded as disagreeing with them.
The Fair Work Commission has upheld the dismissal of a worker who breached one of his employer's "golden rules" by operating a forklift while a customer was in the exclusion zone. Meanwhile, an FWC full bench has rejected a worker's appeal against a drug-related dismissal.
The summary dismissal of a worker who tested positive for drugs lacked procedural fairness, but this was outweighed by the employer's need to ensure a safe workplace, the Fair Work Commission has ruled.
A Fair Work Commission full bench has, in quashing an earlier decision, found an employer was entitled to consider a worker's poor safety record when it sacked him for failing a blood alcohol test.
A worker was reasonably sacked for pushing a co-worker into a pool and fist-fighting his general manager while intoxicated at a work Christmas function, the Fair Work Commission has ruled.