A worker who claims he was bullied "on a shocking scale" has been allowed to pursue his adverse action case against his former employer (whose response to bullying incidents was slammed by a WHS regulator), with a full Federal Court setting aside a judge's "extraordinary" decision to dismiss the matter because of the worker's mental illness.
In this article, OHS Alert reviews all the need-to-know workplace safety and compensation developments from the second quarter of 2020, including Australia's first industrial manslaughter conviction, recklessness cases, work-related pandemic restrictions and wholesale legislative changes.
> NSW launches COVID-19 work guidance, addresses misconceptions; > PCBUs warned after worker killed by damaged gate; > Revamped WHS regulator to focus on climate change and violence; and > ACTU applauds Vic's broader workplace death definition.
A full Federal Court has confirmed that a single, unaggressive sentence uttered by a union official in the wake of a workplace fatality - over which seven individuals and two companies were charged - did not constitute unlawful adverse action or coercion.
> COVID-19 transition plans must cover WHS and critical functions; > ACT seeks to boost workers' mental health in pandemic; and > NSW introduces Bill for new work injury dispute system.
A union has launched Federal Circuit Court proceedings against a company and two safety managers, alleging they hindered an investigation into suspected safety breaches by failing to disclose a worksite's WHS management plan.
> NSW's COVID-19 work recovery tool guided by 100 years of crises; > SA employers should expect COVID call from a WHS inspector; > Vic workers told to keep working at home; and > Start date for ACT's labour-hire licensing scheme confirmed.
An employer's "evident and intelligible justification" for performance managing a worker has sunk his claim that his team leader bullied him and harmed his health and wellbeing by undermining his achievements.
> Indoor work temperature could affect COVID-19 spread; > Workplace consultation key to WHS compliance in pandemic; and > ACT workers affected by pandemic offered portable leave.
