Browsing: Jurisdiction (SA) | Page 5

A commission has agreed with an employer that the seriousness of unsafe conduct isn't assessed by reference to injury or damage but the risk created, but overturned its dismissal of a worker for a driving incident it mischaracterised as highly serious.

A worker who was accused of breaching his employer's work health and safety requirements was unfairly dismissed, a court has ruled, finding the employer misinterpreted its own procedures.

All of Australia's eight harmonised WHS jurisdictions have now formally applied or committed to adopting provisions explicitly requiring PCBUs to manage psychosocial risks through a risk management process.

A worker who was injured during a car trip between home and work was injured "in the course of carrying out the duties of her employment" because she was transporting a suitcase of files between two offices at the time, an appeals bench has ruled.

• Safety fines top $600k after post-fatality breaches; and
  
• "Duty to provide work" overhauled in draft SA RTW Bill.

In an ongoing case involving a worker claiming she was bullied by being barred from working from home, a court has clarified when a person has a workplace right to expect their employer to comply with the Fair Work Act's anti-bullying provisions.

Menopause often causes "debilitating" symptoms in workers in one of the fastest growing employment groups, and the synonymous hot flushes and night sweats have the least impact, according to a study that also identifies the two most valuable workplace supports. Another study has identified widespread discrimination against pregnant workers.

A worker who attempted to return to work after suffering a non-work-related injury has been awarded $44,000 in damages, after a court found his employer discriminated against him by ignoring medical advice and refusing to make reasonable adjustments to accommodate his return.

• SWA outlines work-from-home duties in new resources;
  
• Model WHS amendments for silica applied in SA; and
  
• Paid FDV leave extended to many workers.

An employer is being forced to re-defend its training and safety systems, and to prove it was entitled to rely on a worker to identify safety hazards that required him to seek help, under a retrial ordered in relation to an unrestrained load falling out of a trailer.