A company has been ordered to pay $515,000, instead of $872,000, to a worker with debilitating PTSD, after the NSW Supreme Court found the worker's funds could be managed by a less expensive trustee than the one selected by her mother.
A company director's OHS charge has been dismissed, after the NSW District Court found a workplace fire was caused by a worker's "casual act of negligence which was not condoned by any of the systems which [the director] had put in place".
A company officer convicted over a near-fatal electric shock has unsuccessfully argued that he shouldn't be fined because the directors of two other culpable entities escaped prosecution.
A worker who claims he was bullied and sacked for reporting WHS concerns to the Independent Commission Against Corruption (ICAC) has been denied an unfair dismissal remedy.
Employers can't be considered negligent for failing to identify and eliminate insignificant foreseeable risks, the NSW Court of Appeal has ruled in quashing a $1.5 million damages award.
The recent conviction of a company director over a fatality places a "more onerous expectation" on officers than previously thought required under the due diligence provisions of the WHS Act, according to leading safety lawyer Michael Tooma.
A NSW employer and its director have been fined for failing to comply with a WHS Code of Practice and using an unsuitable ladder, after a worker suffered fatal injuries in a fall.
A number of NSW employers have been fined for dangerously modifying plant, failing to instruct employees to read operating manuals and other safety breaches, following a series of severe injuries, including two amputations.
A coronial inquest into a string of quad bike deaths has found that many quad fatalities involve "user error", but these errors are often only apparent with the benefit of hindsight, and don't excuse manufacturers from applying the hierarchy of controls to reduce operator risks.
