Browsing: WHS decisions (National) | Page 6

A commission has refused a worker stop-bullying orders in a case providing "lessons" on change management failures, which previously led to an organisation losing an adverse action case and being handed a $12,000 penalty.

A commission has overturned the dismissal of a worker who neglected to report a near miss until the day after it occurred, highlighting that employers have a responsibility to help workers comply with safety obligations.

The High Court has confirmed Qantas Airways Ltd took unlawful adverse action against 1,700 ground crew workers when it outsourced their jobs during the COVID-19 pandemic. The union that brought the case applauded the judgment, and highlighted a string of workplace safety issues that it claims arose from the outsourcing arrangement.

• Worker sentenced for fatal recklessness after remittal;
  
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A commission has agreed with an employer that the seriousness of unsafe conduct isn't assessed by reference to injury or damage but the risk created, but overturned its dismissal of a worker for a driving incident it mischaracterised as highly serious.

A court has criticised the poor WHS knowledge of an employer and its managers, finding they unlawfully forced union officials to provide a new right-of-entry notice in order to inspect a suspected safety breach they observed while investigating another safety issue.

A worker has failed to obtain stop-bullying orders against a colleague who, in a "single outburst", threatened him and told him he wasn't welcome in the workplace or at an upcoming work dinner.

A worker's inappropriate s-xual jokes and comments constituted s-xual harassment and provided a valid reason to dismiss him, according to a commissioner, who has also warned his former employer to do more to meet its positive WHS duty to prevent harassment.

An employer's delayed and error-ridden safety investigation has helped a dismissed worker defeat a claim that he breached lock-out-tag-out (LOTO) rules and win reinstatement and compensation.

A worker has failed to reverse his sacking by blaming his multiple driving safety breaches on his work car's allegedly faulty speedometer and his employer's refusal to buy him a GPS navigation system.