A worker who was accused of breaching his employer's work health and safety requirements was unfairly dismissed, a court has ruled, finding the employer misinterpreted its own procedures.
A worker's inappropriate s-xual jokes and comments constituted s-xual harassment and provided a valid reason to dismiss him, according to a commissioner, who has also warned his former employer to do more to meet its positive WHS duty to prevent harassment.
An employer's delayed and error-ridden safety investigation has helped a dismissed worker defeat a claim that he breached lock-out-tag-out (LOTO) rules and win reinstatement and compensation.
A worker has failed to reverse his sacking by blaming his multiple driving safety breaches on his work car's allegedly faulty speedometer and his employer's refusal to buy him a GPS navigation system.
A commission has rejected an employer's contentions that: a "violent and painful" work incident could not have caused a worker's stress disorder; and her ability to undertake "suitable duties" not long after the incident blocked her incapacity claim.
In an ongoing case involving a worker claiming she was bullied by being barred from working from home, a court has clarified when a person has a workplace right to expect their employer to comply with the Fair Work Act's anti-bullying provisions.
An employer has successfully argued it did not unfairly dismiss an absent worker after an independent medical examination (IME) found "malignant resentment" prevented her from ever being fit to return.
A worker's "cruel and menacing" comments about a co-worker, in a private Teams chat with a third colleague, posed a "serious and imminent risk to the safety of the co-worker", a commission has ruled.
A worker who was treated poorly after he asked his boss not to call him a "c-nt" has been awarded at least $93,500, with a court highlighting the worker's rights under health and safety laws and finding his employer's decision to dismiss him was influenced by his complaint.
A commission has called out a major employer's "troubling" reliance on its customer violence de-escalation policies in dismissing a worker drawn into a scuffle with a member of the public, finding the strategy's core aspects "simply did not apply" to the incident that unfolded.