An appeals court has declined to create a "new category of duty" for employers, in overturning a psychologically injured worker's $1.4 million damages award for being subjected to a "sham" dismissal.
A court has rejected a CEO's claim that her employer engaged in a "witch hunt" to find reasons to sack her because she raised safety concerns at a board meeting. It also found that requiring her to obtain a medical certificate to show she was fit for work after she disclosed mental health issues did not constitute adverse action.
A commission had upheld the dismissal of a worker who, after being sent home early for fatigue-related issues, attended a music festival and then returned to the workplace behaving erratically.
An employer has been ordered to reinstate and compensate a worker it dismissed after he had spinal surgery, after an independent medical examiner's advice led to it wrongly concluding he could no longer perform his role safely.
A commission has upheld the dismissal of a worker for taking medicinal cannabis on his days off, finding his conduct was compounded by his failure to update his employer on his changing medicinal regime.
An employer that failed to carry out a "diligent investigation" into serious allegations against a worker has been found liable for his psychological injury.
A commission full bench has quashed a decision exculpating a worker of sackable misconduct in engaging in a scuffle with a member of the public, in an important decision examining the test to be applied when a worker claims self-defence.
A commission has overturned the dismissal of a worker who neglected to report a near miss until the day after it occurred, highlighting that employers have a responsibility to help workers comply with safety obligations.
A government employee was unfairly sacked for "bullying and intimidation" after voluntarily involving herself in a stranger's child custody dispute while she was on unpaid leave, a commission has ruled, finding her actions weren't bullying within the meaning of WHS laws or the dictionary.
The High Court has confirmed Qantas Airways Ltd took unlawful adverse action against 1,700 ground crew workers when it outsourced their jobs during the COVID-19 pandemic. The union that brought the case applauded the judgment, and highlighted a string of workplace safety issues that it claims arose from the outsourcing arrangement.