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.
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.
Employers have an obligation to proactively investigate all relevant facts before deciding to dismiss an employer on the grounds of poor mental or physical health, an appeals court has ruled. It found, however, that a public servant was not harshly or unjustly "ill-health retired".
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.
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.
A worker who claims he was unable to urinate over a three-hour period was lawfully summarily dismissed for refusing to provide his employer with a sample for a drug and alcohol test, a commission has ruled.
The safe and efficient operation of a high-hazard workplace like a mine depends upon senior managers acting in strict compliance with all their employer's procedures, a commission has ruled in an unfair dismissal case.