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.
A commission has stood behind its decision to stand over rather than extinguish a worker's stop-bullying application, after hearing he perceived being excluded from his workplace and otherwise bullied while working remotely for the coronavirus pandemic.
A "significant deterioration" in the COVID-19 situation in Victoria and NSW, and the elevated risk of workplace exposure to the virus, have driven a Fair Work Commission full bench's decision to include paid pandemic leave in three modern awards. Meanwhile, a union and an on-demand company have reached an agreement on pandemic protections for workers.
A full Federal Court has blasted a company director's claims that his s-xual pursuit of a worker was "honourable", finding his purportedly romantic actions were not distinguishable from the "tawdry" and traumatising acts of harassment he subjected her to.
The dismissal of an abusive worker after an act of aggression was unfair because his employer previously tolerated and mismanaged his conduct, which led to one employee resigning out of fear for his safety, a commission has found.
A worker's many safety breaches were "so fundamental that he should not have required training to prevent them", a commission has found in upholding his dismissal. It heard he attempted to drive electric plant while it was still plugged into the wall, before blaming his failing on his employer.
An employer dismissed a health and safety representative through a "sham" redundancy after it accused him of "running off" to complain to a safety regulator and "unlawfully holding meetings" on the health risks posed by bushfire smoke, the Federal Court has ruled.
An employer's travel survey of employees was a lawful and reasonable part of its efforts to control the risks posed by the COVID-19 pandemic and comply with its WHS duties, a commission has ruled in upholding the dismissal of a worker who refused to complete the survey.
An employer unlawfully discriminated against an older worker in refusing to engage him for work in a hot environment, with its manager likening the proposed labour-hire arrangement to sending "your dad or granddad" into high-risk conditions, a court has found.
A worker has unsuccessfully argued he should not have been dismissed for failing to follow his employer's safety procedures, which were updated after a fatality, because instructions he received from his supervisor showed it was safe to enter an exclusion zone.