Browsing: WHS decisions (National) | Page 4

Sydney Trains has been: ordered to reinstate a worker dismissed for testing positive to cocaine metabolites after returning from leave; and censured for failing to learn from previous criticisms of its approach to enforcing its drug and alcohol policy.

In a case highlighting the remote-work-related WHS duties of employers and workers, the Fair Work Commission has upheld the pay sanction imposed on a teacher who drank from a cask of wine in a video meeting.

A worker in a senior government-funded position was not bullied when she was allegedly told to remove political LinkedIn posts, but unauthorised demands that she step down were unreasonable, a commission has found in an anti-bullying case.

A union official who was physically aggressive towards a site manager, while inspecting suspected safety breaches, has been fined and handed a "partial" personal payment order.

A worker was unfairly sacked, for damaging a client's Mercedes, by a decision maker who wrongly took her suggestion that certain WHS measures could have prevented the incident as an attempt to shift the blame, a commission has found.

Company executives must ensure systems are in place to deal with non-compliance with safety requirements and those systems are properly monitored, a regulator has stressed after an employer was handed a record recklessness fine relating to the deaths of four police officers.

An employer drove a pregnant worker to resign with its persistent and unreasonable insistence that she had to attend an independent medical examination (IME) before it could provide her with a "safe job", a commission has found, paving the way for her to seek an unfair dismissal remedy.

A court has rejected a worker's claim that her employer unlawfully threatened to lodge a workers' compensation claim, against her will, after she raised safety concerns affecting her mental health.

A commission has recommended a worker be provided with "self-awareness" and "conflict avoidance" training, finding a "shared language" between him and his supervisors could have prevented most of the 40 or so bullying allegations he raised in his stop-bullying bid.

An employer has been ordered to pay more than $268,000 in damages and compensation to a harassed and victimised worker, with a court rejecting its claim its director's overtures towards the worker, who developed a psychiatric injury, were not s-xual in nature.