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.
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 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 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.
At least 78 Victorian workers have been diagnosed with potentially deadly lung disease silicosis since the State Government banned certain high-risk work processes and launched a health screening program last year, figures released today show. Meanwhile, the former team manager of an A-League club has alleged he was bullied and injured in the role.
A worker has failed to convince a court that his employer took adverse action against him for having a mental health condition and complaining of bullying, or even that the employer was aware of the extent of his mental health issues.
An adverse action claim lodged by a worker - who was sacked after seeking stop-bullying orders, and before claiming workers' compensation - isn't barred by Federal provisions prohibiting double-dipping, a judge has ruled.
A franchisee of a major fast food chain has claimed that WHS laws do not confer an entitlement on its workers to have a drink or go to the toilet outside their scheduled 10-minute drink break, in an ongoing Federal Court case.