A worker has been permitted to pursue a claim that her employer unfairly dismissed her by placing her on indefinite unpaid leave for declining to receive a flu vaccination, which the employer mandated for the COVID-19 pandemic.
An employer acted unreasonably in citing COVID-19 concerns to block a union official from entering a workplace lunchroom, given it failed to apply its COVID-safety policies consistently and the official didn't pose additional risks, the Fair Work Commission has found.
Right-of-entry permit holders who fail to comply with a site's safety rules can be taken to have acted in an "improper manner" in breach of Fair Work laws, the Federal Court has ruled in a case against a CFMMEU organiser who refused to wear safety glasses and overalls.
An injured worker has unsuccessfully argued he was fit to perform his normal role when he was dismissed, with his claim contradicted by his constant complaints of pain while performing alternative duties.
The Fair Work Commission has ordered an employer to pay workers who refused to work after colleagues tested positive to COVID-19, but said they should have returned to work after the NSW Chief Health Officer became involved and gave them the all clear.
In an important judgment on the interaction of WHS and industrial laws, a full Federal Court has confirmed union officials cannot bypass right-of-entry requirements by attending a worksite under provisions for resolving work health and safety matters.
An employer acted reasonably in enforcing its safety requirements by refusing to support a worker's application for an extraordinary driver's licence after he lost his licence for drink driving, a commission has found in upholding his dismissal.
A McDonald's franchisee has been fined $82,000 for the conduct of its managers, who made "sinister" and cruel threats to young workers relating to their WHS right to water and toilet breaks, and the right to take sick leave.