Browsing: WHS decisions (National) | Page 1

The Fair Work Commission has declined to make orders in a rare decision from its stop-s-xual-harassment jurisdiction, but hinted that sending "vile" text messages to colleagues could attract such an order.

A commission has cautioned that society's "significantly raised" bar for what constitutes consent for physical interactions is "even higher" in work-related environments, in upholding the summary dismissal of a worker for inappropriately touching a colleague.

An employer is entitled to direct workers to remove their moustaches or beards to comply with safety policies and manage deadly risks, a commission has ruled in examining WHS laws.

A workplace manager did not bully a worker, but their employer dealt with the worker's grievances "clumsily", allowing misconstrued interactions to build up to a point where the mental health of both employees was affected, a commission has found.

• Double-fatality fines too low to deter safety breaches, says union; and
  
• Department of Defence charged over psychosocial risks.

A commission has rejected a worker's allegations that she was forced to resign because her employer failed to shield her from vicarious trauma and its approach to psychological safety was "stuck in the 1990s".

An employer effectively dismissed a worker with autism after it refused to make safety accommodations for him when he reported experiencing sensory and health issues caused by his uniform, a commission has ruled.

A union and one of its officials have been handed fines totalling nearly $37,000, after a court found the latter made a frustrated comment that constituted a threat to the future career of a workplace health and safety manager.

An appeals court has quashed a ruling that the WHS prosecution of a major company was invalid because of the process used to delegate the applicable regulatory powers. Meanwhile, a play centre has been charged with multiple safety breaches after a child fell seven metres.

The High Court has agreed to consider quashing the application of allegedly outdated judgments that bar damages for psychiatric injuries caused by dismissal processes, in the case of a worker who was subjected to a sham dismissal after an incident on a work trip.