Browsing: WHS decisions (National) | Page 50

A union's failure to follow up on supposedly urgent safety concerns, after a major company agreed to pay workers a site allowance, reinforced the conclusion that it entered a construction site to cause disruption "if not mayhem" to scheduled work, the Federal Court has found.

The Fair Work Commission has highlighted the importance of employers adhering to appropriate Australian Standards for drug testing, in upholding a company's dismissal of a worker who tested positive for cannabis.

A worker sacked for his unsafe "pattern of behaviour" has won his unfair dismissal case on appeal, with a commission finding there was no evidence he knew a colleague stepped into his forklift's exclusion zone.

The Fair Work Commission has found an employer is entitled to test workers' urine for drugs at a high-risk site, and stressed that the FWC's role doesn't involve ruling on competing testing methods.

A senior union official who misused his WHS entry permit by entering and filming a workplace for a major TV network has been denied a new entry permit in the Fair Work Commission.

A worker who broke a "cardinal rule" has failed to convince a commission that his actions didn't warrant dismissal because they were the result of a "split-second impulse" to help a co-worker struggling with workflow.

The Fair Work Commission has upheld the dismissal of a worker who failed two drug tests and blamed a safety coordinator for not telling him the correct cut-off levels for a positive result.

The CFMEU and two officials have been fined $242,000 for, among other things, breaching the OHS provisions of the Fair Work Act by ignoring requests to stay off an unsafe workplace pathway.

An intoxicated worker's unsuccessful attempt to enter his high-risk workplace warranted his dismissal because his employer's safety and alcohol policies weren't "diminished or removed" by him being off duty, a commission has found.

A commission has highlighted the importance of not discouraging workers from reporting safety mistakes, in ordering a major employer to reinstate a worker sacked for isolation breaches.