The Fair Work Commission has affirmed that working safely, in a way that doesn't put fellow workers or the public at risk, is an inherent requirement of a job, in a dismissal case involving a former WorkSafe Victoria lawyer who breached vaccine rules.
A Federal judge has concluded that undertaking a rehabilitation program is not "work" as prescribed by WHS laws - a finding that precludes a worker from making an adverse action claim over her dismissal.
The termination of a long-serving firefighter who refused to disclose his COVID-19 vaccination status while on annual leave has been ruled unfair, with a commission finding his employer embarked on a "well-worn disciplinary path" without carefully considering his correspondence on the issue.
In the last of three related cases involving Nauru postings, a tribunal has upheld a decision to deny compensation to an interpreter who claimed she suffered a psychiatric injury from the abrupt and unjustified termination of her deployment.
A worker who was terminated because of her post-traumatic stress disorder has lost her unfair dismissal and disability discrimination case, with a commission accepting her employer was unable to make suitable adjustments for her.
A commission has found a worker should not have been summarily sacked for breaching her employer's face mask rules for the COVID-19 pandemic, because her misconduct, when interacting with clients, was not wilful or deliberate.
A Federal judge has found that selecting a worker for redundancy, after he raised multiple safety concerns, constituted unlawful adverse action, with his employer failing to prove his termination was due to poor performance and not his exercise of workplace rights.
A workplace health and safety committee member sacked for smoking cannabis the night before a shift has been denied permission to further pursue his unfair dismissal claim, with a Fair Work Commission full bench rejecting his argument around not been impaired while at work.
A national employer's decision to deny compensation to a worker, who claimed his shoulder was injured by an awkward manual task, has been affirmed by a tribunal, which found he provided an "incorrect history" to doctors and changed his story to suit his post-termination case.
In another case involving the interpretation service on Nauru, a tribunal has found a worker's psychological symptoms arose from the reasonable premature termination of his employment, blocking his access to workers' compensation.
