Browsing: Workplace safety court and tribunal decisions | Page 6
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A PCBU has successfully paused the operation of a WHS notice by arguing such a step will not affect the safety of workers or others, and that in the absence of a stay, it could be forced to overhaul its safety management system unnecessarily.
The High Court has agreed to consider quashing the application of allegedly outdated judgments that bar damages for psychiatric injuries caused by dismissal processes, in the case of a worker who was subjected to a sham dismissal after an incident on a work trip.
A PCBU exhibited "multiple failures at management levels" to respond to violent workplace incidents, which escalated after it accepted additional high-risk clients and led to workers being assaulted, a court has found.
A worker who allegedly slipped on a soapy floor with no "wet floor signs" has been permitted to a sue a major employer for damages, with a court finding the employer's bid to block her case wasn't helped by a policy of overwriting CCTV footage every two weeks.
A "critical and insensitive" manager who routinely swore at his subordinates in an attempt to motivate them to meet purported "German demands" has lost his adverse action case, with a court finding his behaviour warranted instant dismissal and he wasn't the victim of WHS breaches.
Another employer has been fined for workplace health and safety breaches affecting children, with its failures including not maintaining a safe supervision ratio of employees to customers.
The full written reasons for Victoria's first workplace manslaughter conviction have outlined four key differences between the case and Australia's first industrial manslaughter prosecution in 2020. They also show the defendant's director should not have moved a forklift "another inch" until he was fully aware of the location of a pedestrian worker.
A court has found a PCBU guilty of WHS breaches after a worker was hit by a forklift, but ruled its failure to separate forklifts and pedestrians was not a failure directly linked to its director's due diligence duties.
In the latest of a recent series of WHS prosecutions involving failures affecting vulnerable people like children, a teacher based in another country has been sentenced over the deaths of two teenage students in Australia.