Browsing: Workplace safety court and tribunal decisions | Page 6
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Two company managers' needless insistence that a union official clarify the particulars of his WHS entry permit was a "gossamer-thin" justification for delaying his safety inspection, a court has found in a scathing ruling reiterating the practical purpose of permits.
A COVID-19 vaccine mandate for frontline workers has been found to be unlawful, after a superior court heard the decision-maker did not attempt to quantify the supposed safety and productivity benefits of the mandate, or the consequences of not imposing one.
A major supermarket did not breach its safety duty of care to a store manager, who allegedly suffered an overuse injury, by failing to prevent her from working "excessive" hours in the lead up to a major audit, a court has found.
The fine imposed on an employer that failed to fully implement a mandatory safety measure, because it ran out of the required materials, has been increased more than five-fold on appeal, with a judge stressing penalties must be significant enough to dissuade others from "cutting corners".
A coronial inquest into a young worker's death in a forklift crash has found his employer didn't have any written safety policies or enforce critical WHS rules, before appearing to defy WHS caselaw by concluding the business was not obligated to instruct the worker to wear his seatbelt or not perform unloading work on slopes.
A PCBU should have ensured the safety procedures in its paper systems were put into practice and checked and maintained, to prevent a worker being pinned between a wall and a crane load, a court has found.
A WHS regulator has been allowed to continue prosecuting an employer over two silicosis cases, including one causing a worker's death, after defeating claims it had been aware of the alleged offences for many years and laid the charges too late.
A company has been convicted and fined $1.3 million in Victoria's first finalised workplace manslaughter case. Its director was also charged with manslaughter, but pleaded guilty to a less serious offence.
A worker has lost her claim she was forced to resign by workplace bullying and being blocked from working exclusively from home to protect herself, with a commission finding her employer was accommodating and receptive to her concerns.
