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.
In an ongoing case involving a worker claiming she was bullied by being barred from working from home, a court has clarified when a person has a workplace right to expect their employer to comply with the Fair Work Act's anti-bullying provisions.
An employer has successfully argued it did not unfairly dismiss an absent worker after an independent medical examination (IME) found "malignant resentment" prevented her from ever being fit to return.
A worker who claims she was bullied through her managers withholding resources like work cars from her, and excluding her from social events, has been denied stop-bullying orders.
