High-risk work method informal but not forbidden
An employer has failed to convince a superior court a worker was not "forced" to undertake a risky activity and negligently failed to refuse to perform it.
An employer has failed to convince a superior court a worker was not "forced" to undertake a risky activity and negligently failed to refuse to perform it.
A confined-space worker who wasn't provided with flame-resistant PPE or adequate training on how to deal with a fire has been awarded more than $700,000 in damages.
An employer did not have a common law duty to warn a well-trained worker of all the circumstances in which a work method could not be used, an appeals court has found in dismissing the injured man's damages claim.
A young worker has been awarded more than $500,000 in damages after her employer negligently caused her to sustain an injury that did not prevent her from "engaging in a superficially normal life", but impeded her studies and narrowed her employment options.
The fact that a major employer was one of several PCBUs at a hazardous site did not make it responsible for the performance of all the duties set out in the WHS Regulation for that site, a superior court has ruled in rejecting a worker's damages claim.
A reasonable person in a major employer's position would have foreseen that workers would adopt timesaving and dangerous methods of performing a repetitive task, an appeals court has ruled in upholding a $1 million damages award.
A judge has highlighted inconsistencies in a major employer's voluminous induction and training materials, in awarding a worker who fell off a "safety step" more than $1 million in damages.
An employer has been found 40 per cent liable for a serious workplace injury, which was caused by a subcontracted excavator operator negligently using his mobile phone while operating the vehicle.
An appeal court has quashed a finding that a multi-jurisdictional employer is liable for a $726,000 injury damages award under both of its workers' compensation insurance policies.
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