Companies and officers accused of WHS breaches could bear the onus of proving they took all reasonably practicable steps to prevent an incident occurring, while the offence of industrial manslaughter will be added to the national model WHS Act, with Labor taking power in the Federal election on the weekend.
Breaching an employer's mandatory COVID-19 face mask rule is a valid reason for dismissal, but employers must clearly warn staff of the consequences of failing to wear the PPE properly, a commission has ruled.
A major logistics employer should have been more transparent with a group of shift managers who expressed safety concerns when they were asked to step into stevedoring roles during an industrial dispute, a full bench of the Fair Work Commission has found in upholding the reinstatement of all six managers.
A PCBU that declined to act on the safety advice of an electrician has been convicted and fined for three serious WHS offences, including failing to consult and coordinate activities with the company tasked with installing and commissioning its imported plant.
The requirement for certain workers to be vaccinated against COVID-19 can be likened to a new regulatory requirement or mandatary training qualification for a particular role, a commission has ruled in one of a rapidly growing number of decisions on the issue.
A worker was advised by her doctor that it was potentially unsafe for her to receive an influenza vaccination, but her aged care employer acted fairly and reasonably in dismissing her for not getting the jab, the Fair Work Commission has ruled.
Despite the fact that an employer was negligent in the way it managed an injured worker's return-to-work plan, a superior court has confirmed this negligence wasn't the cause of her subsequent anxiety and depressive illness.
A major government employer, in defending its decision to summarily sack a claims coordinator, has failed to prove the man's "aggressive" conduct caused a "serious and imminent risk" to the health or safety of his colleagues.