All OHS legal cases reported in the Daily Digest are stored in this cases archive. Case reports provide updates on key case law developments relating to OHS in the workplace.
The cases archive is fully searchable by keywords, industry and jurisdiction via the search facility.
| Date |
# |
Title |
| 3/9/2010 |
305 |
Maximum fines over fatal explosion |
| 3/9/2010 |
304 |
Risk assessments must take in work vicinity: Court |
| 2/9/2010 |
303 |
‘Red flags’ ignored before fatal roof fall |
| 2/9/2010 |
302 |
Prisoner can claim compo for work injury |
| 2/9/2010 |
301 |
NSW State Rail to face 1980s molestation claim |
| 1/9/2010 |
300 |
Worker sacked for having a boyfriend |
| 1/9/2010 |
299 |
Depressed worker’s late dismissal claim accepted |
| 31/8/2010 |
298 |
‘Outrageous’ first-aid failure contributed to death |
| 31/8/2010 |
297 |
No time off scuppers compo bid |
| 31/8/2010 |
296 |
Leg fractures earn penalties in Qld |
| 30/8/2010 |
295 |
Transport company fined $450k for repeat excavator slippage |
| 27/8/2010 |
294 |
No living requirement breaks state connection |
| 26/8/2010 |
293 |
Formwork co fined $142k over ‘continual disregard’ for height safety |
| 26/8/2010 |
292 |
‘This isn’t going to work’: ultimatum forced resignation |
| 25/8/2010 |
291 |
Sacked for ‘being on the internet’ |
| 25/8/2010 |
290 |
Bus death: new owners failed to assess risks |
| 24/8/2010 |
289 |
No compensation for loss of self-employment income |
| 24/8/2010 |
288 |
Woolies agrees to safety audit, $90k donation |
| 24/8/2010 |
287 |
Mild leg bump caused haematoma: AAT |
| 23/8/2010 |
286 |
ABCC fails to prove ROE wasn’t exercised for genuine safety concern |
| 20/8/2010 |
285 |
Company 'penalised twice', fine lowered |
| 20/8/2010 |
284 |
Traumatised bushfire survivor was ‘pressured’ to work |
| 19/8/2010 |
283 |
Companies fail to consider ‘green’ wall crush risk |
| 19/8/2010 |
282 |
Car dealer fined for hit by unlicensed apprentice |
| 18/8/2010 |
281 |
‘Nasty’ personal call occurred in work context, depression compensable |
| 18/8/2010 |
280 |
Scan, pain blocker refusal doesn't stop compo |
| 18/8/2010 |
279 |
Worker permitted to pursue damages after witnessing son’s death |
| 17/8/2010 |
278 |
Demolition firm fined for risk to non-employee |
| 17/8/2010 |
277 |
High Court to rule on corrective action after injury |
| 16/8/2010 |
276 |
No discrimination, but HIV worker fired for late-payment complaint |
| 16/8/2010 |
275 |
Massive company fine for crush death |
| 13/8/2010 |
274 |
Hostile resignation still resignation |
| 13/8/2010 |
273 |
Discrimination matter not helped by poor choice of advocate |
| 12/8/2010 |
272 |
Accidental collision with colleague earns compo |
| 12/8/2010 |
271 |
One redundant, four re-deployed — redundancy stands |
| 11/8/2010 |
270 |
MD’s verbal outburst — manager unfairly dismissed |
| 10/8/2010 |
269 |
Linfox fined over fork truck flip |
| 9/8/2010 |
268 |
Worker with contractor characteristics able to claim unfair dismissal |
| 9/8/2010 |
267 |
Fall fatality — principal and subcontractors all at fault |
| 6/8/2010 |
266 |
Threshold for granting leave to appeal raised by Fair Work Act |
| 5/8/2010 |
265 |
OHS policy breach investigation flawed — dismissal unfair |
| 4/8/2010 |
264 |
$400k payout for plastic-mat fall in office |
| 3/8/2010 |
263 |
Company guilty on appeal over cyclone deaths |
| 2/8/2010 |
262 |
Crush risk ‘largely of employee’s making’, but employer guilty |
| 2/8/2010 |
261 |
Likely earnings based on job at time of injury: Full Federal Court |
| 2/8/2010 |
260 |
Suspension for safety breach was not ‘adverse action’ |
| 30/7/2010 |
259 |
‘Ad hoc’ system evolved with safety gap |
| 30/7/2010 |
258 |
Unfair dismissal over weekend roster directive |
| 30/7/2010 |
257 |
Sexual harassment record payout — confirmed on appeal |
| 29/7/2010 |
256 |
Speeding not proven — safety warning removed |
| 29/7/2010 |
255 |
No blame for injured worker, fine imposed |
| 28/7/2010 |
254 |
No compo for weekend soccer injury |
| 28/7/2010 |
253 |
Concern about future unsafe behaviour justified dismissal |
| 28/7/2010 |
252 |
Evidence based on ‘inexact estimate’ okay |
| 27/7/2010 |
251 |
Failure to exhibit pain earlier doesn’t thwart compo claim |
| 26/7/2010 |
250 |
Law firm can fight OHS dismissal for big company |
| 26/7/2010 |
249 |
False bullying claim hid poor performance |
| 23/7/2010 |
248 |
Assumptions about worker’s competency led to severe burns |
| 23/7/2010 |
247 |
Job advertising error did not change facts |
| 23/7/2010 |
246 |
Host and client owed no duty of care — labour-hire firm did |
| 22/7/2010 |
245 |
Three convicted for inadequate fall protection |
| 22/7/2010 |
244 |
Follow-up failure led to roof fall |
| 21/7/2010 |
243 |
‘Accidents happen’, so safety dismissal harsh: FWA |
| 20/7/2010 |
242 |
Handwriting expert pointed to racist graffiti perpetrator |
| 20/7/2010 |
241 |
Profiling workplace exposed age discrimination |
| 19/7/2010 |
240 |
Change in work duties proves injury aggravation |
| 19/7/2010 |
239 |
Structured training and procedures crucial: Court |
| 16/7/2010 |
238 |
Communications breakdown caused BHP death |
| 16/7/2010 |
237 |
Employer fined $200k for deaths, despite doubt over cause |
| 15/7/2010 |
236 |
Traumatised care worker awarded $400k |
| 15/7/2010 |
235 |
Employer liable for crash victim’s ‘microsleep’ |
| 15/7/2010 |
234 |
Threats against underpaid worker ‘strike at heart of workplace laws’ |
| 14/7/2010 |
233 |
Boss bullied former worker, sacking upheld |
| 14/7/2010 |
232 |
Union official guilty of assaulting company chief |
| 13/7/2010 |
231 |
Dismissed on sick leave — unfair |
| 12/7/2010 |
230 |
Failure to follow walkways caused forklift hit |
| 12/7/2010 |
229 |
Safe system should've included verbal instruction: Court |
| 9/7/2010 |
228 |
Medical panel not to be sought until factual disputes resolved |
| 9/7/2010 |
227 |
Dismissal: reasonable opportunity to respond to allegations emphasised |
| 9/7/2010 |
226 |
Decision to discontinue compo not rendered void by irregularities |
| 8/7/2010 |
225 |
Balcony move should've been risk assessed |
| 8/7/2010 |
224 |
Senior worker’s unsafe actions lessens penalty |
| 7/7/2010 |
223 |
Compensable disability connected footwear and physical requirement |
| 7/7/2010 |
222 |
Workload — too much and too little |
| 6/7/2010 |
221 |
Company and director guilty over fatal Gladstone explosion |
| 5/7/2010 |
220 |
Worker fined for setting fire to new colleague |
| 5/7/2010 |
219 |
Sacked worker's OHS battle over bullying ends |
| 2/7/2010 |
218 |
Employer not liable for ‘bored’ worker’s ‘ill-considered’ actions |
| 2/7/2010 |
217 |
Depression caused by office affair, aggravated by drawn-out RTW |
| 1/7/2010 |
216 |
Work clash not investigated, compo payable |
| 1/7/2010 |
215 |
Impractical for labour-hirer to inspect remote sites: Court |
| 30/6/2010 |
214 |
$70k fine for big retailer, after customer fall |
| 28/6/2010 |
213 |
Deliberate endangerment earns company $280k fine |
| 28/6/2010 |
212 |
Construction industry and redundancy — hard to apply |
| 25/6/2010 |
211 |
No ‘relevant’ income history, compo remains unchanged |
| 25/6/2010 |
210 |
Breach of policy on reporting property damage — worker dismissed |
| 25/6/2010 |
209 |
Telstra OHS prosecution gets go ahead |
| 24/6/2010 |
208 |
Demotion was appropriate punishment for bullying |
| 24/6/2010 |
207 |
Prosecutor not required to identify safety omissions |
| 23/6/2010 |
206 |
Worker sacked for union activities reinstated |
