Browsing: Workplace safety court and tribunal decisions | Page 216
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A mechanic who was sacked after the wheels fell off a bus he had worked on would have been aware of the correct maintenance procedures if he read the work order properly, a commission has found.
A court has upheld fatality-related OHS charges against an employer and three company officers, including an executive whose tenure ended four months before the fatality occurred.
An employer has been refused permission to amend its fatigue management procedures to reduce the number of rest breaks per shift, because it failed to obtain unanimous agreement from a cross-section of workers.
A major employer has unsuccessfully argued that the Fair Work Commission only has jurisdiction to make stop-bullying orders if there is a "discernibly identifiable" rather than "speculative" risk of the applicant being bullied in future.
A worker crushed by a forklift has been granted leave to seek damages for pain and suffering, after the Victorian Court of Appeal found that while he retained the majority of his functions, his capacity to enjoy his hobbies was "substantially impaired".
Two train drivers who committed serious safety breaches deserved sanctions, but the uncertainty, embarrassment and stress they endured during their employer's protracted investigation should have been taken into account when determining their penalties, the Fair Work Commission has ruled.
Hirers could avoid paying contractor drivers minimum "safe rates" until January 2020, under a draft remuneration-order variation proposed by the Road Safety Remuneration Tribunal.
In a case examining the difference between managing and eliminating safety risks, the NSW Court of Criminal Appeal has dismissed an employer's appeal against an OHS conviction, and doubled its fine.
An aviation engineer sacked for driving an unregistered work vehicle on a public road has been reinstated, after the Fair Work Commission found his actions were driven by hunger rather than disregard for safety protocols.
A company has been ordered to pay $515,000, instead of $872,000, to a worker with debilitating PTSD, after the NSW Supreme Court found the worker's funds could be managed by a less expensive trustee than the one selected by her mother.
