A worker caught using his mobile phone while unloading fuel from a tanker has failed to convince the Fair Work Commission that his misconduct was merely a "30-second error of judgement" caused by fatigue and the stress of being bullied.
A company could have lawfully terminated a worker's contract for accusing an HR manager of causing a fatality. Instead, it has been ordered to pay him compensation, after it dismissed him over a "relatively minor" incident several weeks later.
Employers have been urged to ensure their contractors have the skills to manage fatigue, after three companies were found liable for a worker's car-crash injuries and $1.25 million damages bill.
Ride-share company Uber acted reasonably when it deactivated a driver's account after passengers complained he nearly fell asleep at the wheel, a court has found in rejecting the driver's $500,000 damages claim.
Employers are being urged to prepare for the new version of the Australian Dangerous Goods Code, while the Federal Government has announced that researchers will conduct alertness tests on heavy vehicle drivers, under an $828,000 fatigue-reduction project.
Researchers have found that workers who have control over their work times sleep better and are more alert, but warn that flexible schedules can also have adverse health effects.