Browsing: WHS decisions (National) | Page 7

A worker's inappropriate s-xual jokes and comments constituted s-xual harassment and provided a valid reason to dismiss him, according to a commissioner, who has also warned his former employer to do more to meet its positive WHS duty to prevent harassment.

An employer's delayed and error-ridden safety investigation has helped a dismissed worker defeat a claim that he breached lock-out-tag-out (LOTO) rules and win reinstatement and compensation.

A worker has failed to reverse his sacking by blaming his multiple driving safety breaches on his work car's allegedly faulty speedometer and his employer's refusal to buy him a GPS navigation system.

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.

An employer has successfully argued it did not unfairly dismiss an absent worker after an independent medical examination (IME) found "malignant resentment" prevented her from ever being fit to return.

• Recklessness fine followed by site-preservation conviction; and
  
• Refugee advocates concerned by developments in WHS cases.

A worker who claims she was bullied through her managers withholding resources like work cars from her, and excluding her from social events, has been denied stop-bullying orders.

A business owner could be jailed for up to five years, after he was charged with reckless conduct relating to a similar incident to one that recently attracted a record WHS penalty. Meanwhile, a train driver who was accused of recklessly using his mobile phone has been sentenced.

A worker's "cruel and menacing" comments about a co-worker, in a private Teams chat with a third colleague, posed a "serious and imminent risk to the safety of the co-worker", a commission has ruled.

• High Court's urination ruling provides "comfort" to multiple sectors; and
  
• Executives reminded of harassment-reporting duties with new projects.