An injured worker's $30,000 anti-discrimination settlement, described as "General Damages" in the deed of release, did not prevent him from pursuing workers' compensation or work injury damages, an appeals court has ruled in quashing two earlier decisions in favour of a major employer.
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 former Qantas employee allegedly suffered severe psychiatric injuries from being harassed and discriminated against at work for 13 years, and is seeking a total of more than $2 million in damages from the airline and a law firm, according to court documents obtained, through a Federal Court ruling, by OHS Alert publisher Specialist News.
An employer has been ordered to reinstate an injured worker, pending the outcome of his disability discrimination claim, so he can maintain a connection to employment and access JobKeeper payments during the COVID-19 pandemic.
The national inquiry into workplace s-xual harassment has recommended the model WHS laws be amended to control psychosocial risks, in line with the Boland review, and that a WHS Code of Practice on s-xual harassment be developed.
The adjustments an employer made for a worker recently diagnosed with diabetes have helped defeat his claim that he was unfairly dismissed and discriminated against because his performance suffered from the health condition.
With anti-discrimination laws failing to curb the harm caused by workplace s-xual harassment, Australian labour law experts have called for safety regulators, under WHS legislation, to tackle the behaviour by monitoring, investigating and penalising it as with other types of safety breaches.