Browsing: WHS decisions (National) | Page 10

A superior court has quashed a decision acquitting a worker of recklessly contributing to a fatal crushing, ruling that the requisite test for a guilty verdict was whether the worker foresaw it was possible, rather than probable, that a death would occur.

The Fair Work Commission has upheld the dismissal of a financial adviser who refused to take a drug and alcohol test after turning up to work showing signs of intoxication.

A Federal judge has found that selecting a worker for redundancy after he raised multiple workplace concerns, including safety issues surrounding unlicensed work, constituted unlawful adverse action. The judge found the man's employer deliberately marked his performance down to justify his termination.

A commissioner has criticised a major employer's "tick and flick" training on its safety and conduct policies, but stressed that workers should not need a training course to know when certain actions are wrong, in unfair dismissal rulings involving members of a Facebook group sharing explicit materials.

A worker who was sacked after using both self-defence and unnecessary force to restrain a violent client has been awarded compensation, with a commission finding he wasn't alerted to an internal appeals process prior to his dismissal.

An employer and its HR manager have been penalised for unlawful adverse actions, after a "welfare check" on a worker quickly escalated into her dismissal because the manager didn't want to deal with her bullying allegations.

A financial analyst who claimed she was required to work 16 hours per weekday, and up to eight hours every weekend, has failed to prove her employer breached the reasonable hours provisions of the Fair Work Act.

An actor suffering from post-traumatic stress disorder, from a particularly traumatic event that occurred while she was working with children in a hospital, has been blocked from bringing a general protections claim - involving alleged first-aid failings - because she had an anti-discrimination claim on foot at the same time.

A large employer has been ordered to reinstate an injured worker who it sacked for allegedly failing to comply with a lawful instruction to attend an independent medical examination (IME) through his alleged "aggressive behaviour" at the appointment.

Employees don't have a workplace right to "subjectively decide what is and is not a safe and appropriate workplace practice", a Federal judge has affirmed in dismissing a worker's adverse action claim.