Browsing: Workplace safety court and tribunal decisions | Page 1
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A union and an offical who successfully appealed against a ruling on a WHS requirement at a worksite have been handed higher right-of-entry fines, by a full Federal Court, than the ones they received before they appealed.
An employer should have presented expert evidence to prove a worker was under the influence of alcohol when he attended his "dangerous" workplace after a "big night", rather than asking the Fair Work Commission to "simply assume" he had been impaired, the Commission has ruled.
A worker was not forced to quit through her employer's alleged failure to protect her psychological safety from a "misogynistic" colleague, a commission has found.
An appeals court has rejected a PCBU's claim that its fine over a fatality involving a ladder was manifestly excessive. The PCBU contended the evidence did not prove beyond reasonable doubt that the death was a manifestation of its WHS breach.
A recent ruling upholding the sacking of a worker, who failed to disclose a longstanding health issue, shows that holding employees to account for complying with their own health and safety duties forms part of an employer's obligations, a senior safety and employment lawyer says.
A PCBU has been convicted and fined $180,000 after a visiting contractor leant on an unsecured fence in a restricted area and fell into a pit. A judge found the PCBU failed to comply with a Code of Practice requirement to ensure the fence could withstand the force of a person falling or leaning against it.
A worker who was charged with the manslaughter of another worker, in a runaway-forklift incident, has been convicted and fined for a section-28 contravention of WHS laws, in a first-of-its-kind case highlighting the potential multifaceted consequences of safety failings.