A supervisor's actions in providing personal support and coaching to a worker on a performance management plan, and encouraging him to access an EAP, have helped defeat the psychologically injured worker's stop-bullying application.
A sacked worker has unsuccessfully argued that failing a workplace alcohol test was mitigated by his lack of direct duties on that day. Meanwhile, a judge has upheld the dismissal of a supervisor who tried to scare a subordinate through a Facebook post.
A recent full bench decision has curbed the right of employers to rely on their preferred medical evidence when deciding whether to dismiss ill or injured workers, but a new case shows aggrieved workers can't rely on medical opinions given after a dismissal.
In a decision driving home the importance of prescribing workplace behavioural norms, a commission has upheld the dismissal of two workers who isolated and ostracised a contractor's employees, including one who later attempted suicide.
The High Court has rejected another special leave application involving a work-related psychiatric injury in Queensland, with an employer being the losing party on this occasion.
The High Court will determine whether the harmonised WHS laws extend to all workplaces and operate in conjunction with other legislation that previously "covered the field", after granting a regulator special leave to appeal against the quashing of fatality-related charges.
An employer in a high-risk industry was entitled to sack an employee for testing positive for methamphetamines, even though he was injured and undertaking light administrative duties at the time, a commission has found.
In an unfair dismissal case, the Fair Work Commission has commended a major employer's established systems and processes and skilled staff, who ensured the "comprehensive" management of a worker's workplace injury over a period of nearly 18 months.
