Browsing: WHS decisions (National)


Industrial action "dressed up" as safety meeting, but bid for stop-action orders denied

An employer has lost its bid for orders preventing "safety meetings" constituting unlawful industrial action over a worker's injury compensation claim, with a commission dismissing its contention that future action is planned, and highlighting the possible ramifications for workers of such orders.


Insistence on less "invasive" drug test fails in FWC

A white-collar worker has unsuccessfully challenged her dismissal for refusing to provide a urine sample for a drug and alcohol test for "personal medical reasons", with a commission stressing that office-based staff aren't "immune" from drug-related injury risks.


9 parties fined in latest case on WHS "resolution" clause

In the latest major case on a WHS provision for "resolving" disputes, a union and eight of its officials have been fined for right-of-entry breaches at an incident-strewn infrastructure project.


Worker reinstated after fighting mask-less member of public

A commission has rejected an employer's claims that reinstating a worker to his safety critical role, after it unfairly dismissed him for engaging in an altercation with a member of the public not wearing a face mask, was inappropriate because of the negative impact this could have on his mental health.


Record WHS fine follows foreseeable live-fire death

The Department of Defence has been handed a record WHS fine of $1 million, over the second of two similar fatal training incidents resulting in the prosecution of the PCBU.


Dismissal of scissor-wielding worker upheld despite "fight or flight" defence

A commission has rejected a "frightened elderly" worker's claim she was unfairly dismissed after pointing a pair of industrial scissors at a co-worker. She claimed she was provoked and reacted instinctively with a "fight or flight" response.


Court stresses safety value of permit-holder compliance

An entry permit holder's compliance with a site's directions and requests serves its own critical safety function, the Federal Court has stressed in imposing record entry fines on a union and six officials.


Workplace recklessness not established by DPP

An employer charged with recklessly altering its safety management system has been acquitted, in an appeals court case examining the state of mind of a senior manager.


Phone safety policy valid, but sacking unfair

A commission has overturned a worker's dismissal, and awarded him 21 weeks' wages, after finding his employer unfairly sacked him for his first safety breach in its efforts to draw "a line in the sand" with its new mobile phone use policy.

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