Browsing: WHS decisions (National) | Page 5

A worker's act of sharing offensive material with a group of colleagues on social media involved "abject stupidity", but his conduct was not sufficiently connected to his employment to warrant his dismissal, a Fair Work Commission full bench has found.

An employer has been reprimanded for failing to properly discipline a bully and allowing further "reprehensible" conduct to occur, but the victim has been refused stop-bullying orders, after the company made a number of changes to the workplace to make it safe for him to return to work.

A court has rejected a CEO's claim that her employer engaged in a "witch hunt" to find reasons to sack her because she raised safety concerns at a board meeting. It also found that requiring her to obtain a medical certificate to show she was fit for work after she disclosed mental health issues did not constitute adverse action.

A commission had upheld the dismissal of a worker who, after being sent home early for fatigue-related issues, attended a music festival and then returned to the workplace behaving erratically.

A worker's bid for stop-bullying orders has been dismissed after the alleged bullies - from a safety regulator - agreed to 13 "restrictions" preventing them from interacting with him in future.

A commission has rejected a worker's claim that her superior expected her to work up to 60 hours a week and bullied her through excessive work requirements.

The Federal Court has highlighted the important WHS function of escorting entry permit holders around sites, in handing penalties to a union and one of its officials for right-of-entry breaches.

An employer has been ordered to reinstate and compensate a worker it dismissed after he had spinal surgery, after an independent medical examiner's advice led to it wrongly concluding he could no longer perform his role safely.

A commission has upheld the dismissal of a worker for taking medicinal cannabis on his days off, finding his conduct was compounded by his failure to update his employer on his changing medicinal regime.

A commission full bench has quashed a decision exculpating a worker of sackable misconduct in engaging in a scuffle with a member of the public, in an important decision examining the test to be applied when a worker claims self-defence.