Browsing: WHS decisions (National) | Page 63

An employer has been fined for denying workers access to extended paid sick leave, forcing them to use their annual leave, go without pay or attend work when they were sick or injured.

A worker was fairly dismissed for telling a WHS manager there was "going to be another Columbine" if his safety complaints weren't addressed, the Fair Work Commission has found.

A senior safety professional earned more than the Fair Work Act's high-income threshold and wasn't covered by a modern award, a commission has found in rejecting his unfair dismissal claim.

A manager's micromanagement of his staff amounted to bullying and constituted a valid reason for his dismissal, even though he was unaware of the damage he was causing, the Fair Work Commission has found.

John Holland Pty Ltd has been fined for safety breaches for the second time in less than a month, giving it the dubious honour of being both the last entity prosecuted under the Commonwealth's old OHS Act, and the first prosecuted under the new one.

A judge has rejected Fortescue's claim that a union can't seek a declaration that it breached Federal entry laws - after a fatality - because Western Australia hasn't adopted the model WHS Act.

A sacked worker has failed to convince a commission that his use of the term "gringo", while abusing a South American colleague, wasn't racist because it was a non-derogatory slang word he'd picked up on a trip to the US.

The anti-bullying provisions of the Fair Work Act are designed to protect employees from bullying rather than a worker's discomfort or perception of unreasonable behaviour, the Fair Work Commission has found in rejecting a worker's claim.

The Fair Work Commission has rejected a bid for anti-bullying orders relating to Essential Energy's failure to provide two employees with meaningful work, but ordered the company to accept their applications for voluntary redundancy.

The dismissal of a worker, for using his mobile phone to play music while driving, was harsh because his employer's safety policy for phones was unclear on the use of "broadcasting devices", the Fair Work Commission has found.