Browsing: Workplace safety court and tribunal decisions | Page 230
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A regulator's power to obtain information under the model WHS Act isn't blocked by state borders or limited to documents that specifically refer to health and safety matters, the NSW Supreme Court has found in rejecting an employer's appeal against a $114,000 penalty.
The Victorian Building Authority has defended its decision to prosecute an individual over the Swanston Street wall collapse that killed three pedestrians in 2013, and rejected claims it has set a precedent for major employers to "walk away" from safety and permit breaches.
A NSW delivery driver has been awarded nearly $1 million in damages for a serious ankle injury, which he sustained after a construction site supervisor directed him to unload heavy materials on an uneven surface instead of a nearby loading dock.
A NSW employer convicted of OHS breaches recently has been fined less than 10 per cent of the maximum penalty because of its "well-established and sound" safety management systems.
A national employer has been fined a record $363,000 over the death of a non-employee, after the Federal Court found it should be penalised for its conduct both before and after the fatal incident.
Comcare has defended its capacity to police WHS matters as the scheme expands to include more licensees, after the Australian Lawyers Alliance (ALA) claimed a recent prosecution shows it is failing in its regulatory role.
A landmark NSW Supreme Court decision, thought to be the first of its kind in the world, shows employees can now pursue compensation for PTSD as a "bodily injury", according to the lawyer of a worker awarded damages in the case.
An employer that allowed a worker to wear gloves while operating plant has been fined $42,000, after her hand was dragged into the machine and her forearm was amputated.
A worker who claims she was bullied at work on a daily basis has been denied damages, after a judge found the alleged abuse would have been "so consistently unpleasant" that it was "inconceivable" witnesses wouldn't have intervened.
