Browsing: WHS decisions (National)


Employer's bullying damages work safety culture: FWC

A worker's senior managers bullied him by relentlessly pushing him to admit his wrongdoing after a WHS incident, to the detriment of the workplace's safety culture, the Fair Work Commission has found in agreeing to issue stop-bullying orders.


FWC upholds dismissal over vaccine refusal

In a timely decision involving employer-mandated vaccinations, the Fair Work Commission has upheld a national employer's dismissal of a worker for refusing a flu jab.


High Court ends dispute on WHS entry rule

A regulator has warned that union officials must hold valid right-of-entry permits when entering sites under provisions for "resolving" WHS matters, after the High Court blocked an appeal on the issue.


Dickens cited in ruling on six-year work bullying case

After years of "almost farcical" proceedings, a judge has set a date for determining a worker's claim he was relentlessly bullied and tormented at his Canberra workplace, which was the subject of a major WHS probe and scathing findings.


"Safehaven" breach unfairly deemed worse than collision

An employer has been ordered to reinstate and compensate a worker it sacked for breaching one of its seven "safehaven" rules. The employer was unable to explain why the man was punished more severely than two employees involved in a "far more serious safety incident", a commission found.


Contracts unlawfully scrapped after bullying complaints

A consulate has been ordered to pay two workers lost wages and will face pecuniary penalties, for refusing to renew their employment contracts after they applied to the Fair Work Commission for stop-bullying orders.


Anti-bullying orders necessitated by victim's behaviour

Workplace bullying victims' own actions need to be considered when determining whether there is a risk of ongoing bullying for the purposes of stop-bullying applications, a commission has highlighted in making draft orders for a major employer to transfer an applicant.


Punch on public street was work-related and sackable

A commission has rejected a worker's claim she should not have been dismissed for punching a colleague in the face, shortly after her shift ended, because they were close friends discussing personal matters at the time of the altercation.

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