A major employer breached its duty of care to a psychologically unfit worker - who resisted returning to frontline duties - through her supervisor failing to satisfy himself that she had the psychological capacity to get "back on the truck", an appeals court has confirmed.
An employer's duty to provide suitable work for injured employees does not extend to previously injured workers whose incapacities have ceased, a tribunal full bench has confirmed in an important case.
A worker has unsuccessfully claimed his employer unreasonably withheld work from him after he recovered from a back injury and this caused his psychological condition. A tribunal found the "recertification" process that troubled the worker was "not work-related.
In the latest development in the notorious Sydney Water Corporation WHS poster case, the Fair Work Commission has found the employer's "inept" management of the worker while she was ill, and its "marked indifference" to the serious poster incident, forced the worker to resign.
A major employer's liability for the aggravation of a worker's back injury ceased when the work-related component of her condition resolved, a tribunal has ruled in referring to a High Court judgment, and rejecting the worker's claim that looking down at work contributed to her incapacity.
An appeals commission has quashed an employer's claim that it isn't liable for a bullied worker's psych injury because her "age, education, skills and work experience" show she can perform any "suitable employment" of her choosing.
Psychosocial risk management is not only crucial to preventing workplace musculoskeletal disorders (MSDs) but ensuring injuries don't become chronic and block rehabilitation, a major safety agency has found.
A worker dismissed after being on sick leave for 16 months, after a safety stoush, has unsuccessfully claimed her employer had been obligated to send her for an independent medical examination (IME) to ascertain her capacity.
