A WHS regulator has rejected a PCBU's bid to enter an enforceable undertaking in lieu of prosecution, after considering the significant impact its alleged offences had on a worker, and its "poor compliance history".
An employer's amputation-related gross negligence conviction has been downgraded to a general safety duty charge, in a judgment examining the "actual knowledge" of the defendant and a finding of "wilful blindness".
Labour-hire companies can face sanctions for forcing workers or job applicants to pay for mandatory personal protective equipment, while hosts can be held liable as accessories to certain breaches, a regulator has warned.
A tribunal has rejected a submission likening a worker's injuries from being run over in a work car park to an aneurism that happens to occur at work, but is not connected to employment in any meaningful way.
A full Federal Court has upheld a ruling in favour of a company that was "aggrieved" by an unfair dismissal case that it was not directly involved in, but required an allegedly unsafe labour-hire worker to be reassigned to its premises.
In an "unusual" case, two related companies have successfully sued a worker for their losses, after his use of a mobile phone while driving caused a serious accident. A judge rejected the worker's claim that the companies breached their WHS duties to him.
A manager's belief that a 70-year-old job applicant wasn't capable of working safely in a hot environment, because of his age, was "based upon the type of assumptions" that employment laws guard against, a judge has ruled in penalising two companies for discriminating against the worker.