Browsing: WHS decisions (National)


Antarctic WHS case quashed in ruling on practicability

A Commonwealth agency has been acquitted of WHS charges, on appeal, relating to the hypothermia death of a contract helicopter pilot. A court found a key measure the agency was accused of failing to implement was not reasonably practicable.


FWC bench blocks new process with remote WHS risks

A major employer has lost its latest bid to compel workers to undertake a new work procedure involving "incredibly" remote risks, in a case highlighting the onus on employers to show their processes can ensure safety "so far as is reasonably practicable".


High Court to examine duty to prevent psych injuries

The High Court has agreed to consider the scope of employers' OHS duties to workers who resist measures aimed at protecting their psychological health, in a case involving a lawyer whose $435,000 award for post-traumatic stress disorder was quashed in November.


Worker loses landmark vaccination case in FWC

One of the first unfair dismissal cases involving a worker's refusal to have a flu vaccination has been decided in an employer's favour, with the Fair Work Commission finding the employer's pandemic-inspired mandatory vaccine policy is lawful and reasonable.


WHS audit undermines forced-resignation claims

The findings of an employer-initiated WHS inspection of its own workplace have helped defeat a worker's contention, before a commission, that the site was so unsafe he was forced to resign.


Employer's bullying damages work safety culture: FWC

A worker's senior managers bullied him by relentlessly pushing him to admit his wrongdoing after a WHS incident, to the detriment of the workplace's safety culture, the Fair Work Commission has found in agreeing to issue stop-bullying orders.


FWC upholds dismissal over vaccine refusal

In a timely decision involving employer-mandated vaccinations, the Fair Work Commission has upheld a national employer's dismissal of a worker for refusing a flu jab.


High Court ends dispute on WHS entry rule

A regulator has warned that union officials must hold valid right-of-entry permits when entering sites under provisions for "resolving" WHS matters, after the High Court blocked an appeal on the issue.

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