Browsing: Workers' compensation court and tribunal decisions | Page 139

A sick worker who was sacked after being absent for more than 10 months can claim adverse action, the Federal Circuit Court has ruled, finding a dismissal can still be unlawful beyond the three months considered "temporary absence" under the Fair Work Act.

The Fair Work Commission has refused to suppress the name of an employer and an individual subject to a bullying claim, but has warned a worker against publicly revealing their identities before the hearing.

(This article has been republished as some subscribers might have had difficulties accessing it yesterday.)

The Fair Work Commission has refused to suppress the name of an employer and an individual subject to a bullying claim, but has warned a worker against publicly revealing their identities before the hearing.

An employee who injured herself during a toilet break is entitled to compensation, after a court rejected her employer's claim that such a break isn't considered an "ordinary recess".

A trial judge "set a standard of care well above that which was reasonable" when he ordered an employer to pay $650,000 in damages to a man who was hit by a train while intoxicated, the NSW Court of Appeal has found in quashing the decision.

In a decision that is likely to lead to far more generous payouts for victims of workplace s-xual harassment, a former Oracle employee's damages for psychological injuries have been increased by $112,000.

A worker who told WorkCover SA he broke his hand when he tripped, when he actually sustained the injury by punching a wall, has become the second worker in two days to be penalised for workers' comp fraud.

The Fair Work Commission has ruled in favour of an injured worker who was sacked for allegedly lying to his employer and WorkCover about his medical restrictions.

A South Australian worker who played competitive basketball while claiming workers' compensation for wrist injuries has been handed a three-month suspended jail sentence.

Two NSW employers that failed to provide PPE to two employees who worked outside have been found liable for their skin cancer conditions, one of which resulted in a leg amputation.