Browsing: Workplace safety court and tribunal decisions | Page 219
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The head of the Fair Work Commission's anti-bullying panel has flagged the possibility of ordering employers to restore personal leave days to workers who have taken time off work because of bullying and harassment.
A worker has successfully appealed against an OHS conviction, with the Queensland Industrial Court finding there was no evidence he failed to comply with a safety management plan, or that the relevant "operating plant" even had one.
A commission has found an employer vicariously liable for two workers' racist comments, and stressed that a company's anti-discrimination policies must be "communicated effectively" to staff.
Employers can't be considered negligent for failing to identify and eliminate insignificant foreseeable risks, the NSW Court of Appeal has ruled in quashing a $1.5 million damages award.
The recent conviction of a company director over a fatality places a "more onerous expectation" on officers than previously thought required under the due diligence provisions of the WHS Act, according to leading safety lawyer Michael Tooma.
A prohibition notice issued to an employer required "a practice in excess of industry standards" and related to an "extremely low" health and safety risk, a commission has found in revoking the notice.
A Fair Work Commission full bench has, in quashing an earlier decision, found an employer was entitled to consider a worker's poor safety record when it sacked him for failing a blood alcohol test.
