Case Archive
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 |
| 18/5/2012 |
103 |
Cases highlight the need for properly maintained plant |
| 17/5/2012 |
102 |
Man electrocuted when crane touched powerlines |
| 16/5/2012 |
101 |
Back injury caused by heavy work |
| 15/5/2012 |
100 |
Miners did not follow safe system of work |
| 14/5/2012 |
99 |
Reasonable administrative action contributed to depression |
| 10/5/2012 |
98 |
Train driver to be compensated for knee injury |
| 9/5/2012 |
97 |
Reckless endangerment fines not excessive |
| 8/5/2012 |
96 |
Dismissed for restraining violent patient with reasonable force |
| 7/5/2012 |
95 |
‘Horrific’ scaffold injuries highlight need for communication |
| 4/5/2012 |
94 |
Good HR practices make dismissal fair |
| 3/5/2012 |
93 |
Tenant injured when working for landlord |
| 2/5/2012 |
92 |
‘Inexcusable’ guarding failure resulted in arm amputation |
| 1/5/2012 |
91 |
Unsafe plant in glasshouse |
| 30/4/2012 |
90 |
Dismissed after exercising a workplace right |
| 27/4/2012 |
89 |
John Holland receives maximum fine over fatal fall |
| 27/4/2012 |
88 |
Head injury from assault outside hotel |
| 26/4/2012 |
87 |
Fingers injured in saw with inadequate guarding |
| 24/4/2012 |
86 |
Can a principal share in contractor’s liability to injured employee? |
| 23/4/2012 |
85 |
Steam injuries result in $170k fine for pulp factory |
| 20/4/2012 |
84 |
Worker’s out-of-town sex injury compensable: Judge |
| 19/4/2012 |
83 |
Curator not unfairly dismissed over WorkCover claim |
| 17/4/2012 |
82 |
Unlawful dismissal of manager during temporary absence for illness |
| 16/4/2012 |
81 |
Unfairly dismissed over workplace fighting |
| 16/4/2012 |
80 |
Pay-cut appropriate for Facebook breach, trespass and dishonesty |
| 13/4/2012 |
79 |
Fair Work Australia to rehear — natural justice |
| 12/4/2012 |
78 |
Constructive dismissal — employee victim of discrimination |
| 12/4/2012 |
77 |
Lane Cove Tunnel principals fined $300k over rock fall |
| 11/4/2012 |
76 |
Owners of railway camp not responsible for cyclone damage |
| 11/4/2012 |
75 |
Cases highlight need for guarding and electrical safety |
| 10/4/2012 |
74 |
Insurer’s compensation appeal unsuccessful |
| 5/4/2012 |
73 |
Derogatory comments justified dismissal — but not without notice |
| 4/4/2012 |
72 |
Appeal re FWA’s ruling on injured worker’s dismissal and continuous employment |
| 4/4/2012 |
71 |
Fine over forestry worker’s death doubles on appeal |
| 3/4/2012 |
70 |
Conviction over contractor’s death quashed by High Court |
| 2/4/2012 |
69 |
Deficient height safety and inspector abuse costs $12.7k |
| 30/3/2012 |
68 |
Employee not employer liable for harassment |
| 30/3/2012 |
67 |
Failure to manage a dismissal involving alleged theft |
| 29/3/2012 |
66 |
Saliva drug tests more appropriate than urine testing: FWA |
| 29/3/2012 |
65 |
‘Erratic’ hairdresser not unfairly dismissed over drug use |
| 29/3/2012 |
64 |
AATA compensation cases noted |
| 28/3/2012 |
63 |
No procedural fairness in dismissal of ‘pedantic’ council employee |
| 28/3/2012 |
62 |
Too incapacitated to cope with return-to-work program |
| 27/3/2012 |
61 |
Contractor was employee but was not disadvantaged |
| 23/3/2012 |
60 |
Court warning re closing workers compensation claims too soon |
| 22/3/2012 |
59 |
Threat prompted dismissal, not claim for sick leave |
| 15/3/2012 |
58 |
Suicide attempts triggered by employment events |
| 15/3/2012 |
57 |
Employee reinstated after absence for medical reasons |
| 14/3/2012 |
56 |
Dismissal for gross misconduct was reasonable |
| 13/3/2012 |
55 |
The right to increase workers compensation premiums |
| 9/3/2012 |
54 |
Negligence caused spine injury — High Court restores $580k payout |
| 9/3/2012 |
53 |
Fair dismissal in spite of lack of procedural fairness |
| 8/3/2012 |
52 |
Compensation tribunal required to provide adequate reasons |
| 7/3/2012 |
51 |
Workers compensation for back injury on balance of probabilities |
| 6/3/2012 |
50 |
AAT entitled to find ‘delusions’ caused incapacity: Fed Court |
| 6/3/2012 |
49 |
Employer’s successful workers compensation classification challenge |
| 5/3/2012 |
48 |
Workers compensation — cases wrap, 05/03/12 |
| 2/3/2012 |
47 |
Unfairly singling out employee — re-instatement ordered |
| 1/3/2012 |
46 |
Store manager dismissed for bullying |
| 28/2/2012 |
45 |
Clerk’s neck injury from heavy lifting — serious enough to seek damages |
| 27/2/2012 |
44 |
Claim for $1m damages rejected — ‘unrealistic perception’ of symptoms |
| 24/2/2012 |
43 |
Serious misconduct triggered by unsafe driving |
| 22/2/2012 |
42 |
Dishonesty over medical certificate — dismissal fair |
| 21/2/2012 |
41 |
Workers compensation — cases wrap, 21/02/12 |
| 21/2/2012 |
40 |
WorkSafe (Vic) prosecutes over crush injury and fall |
| 20/2/2012 |
39 |
Failure to identify fall hazard led to refinery death |
| 20/2/2012 |
38 |
Guarding offence, while safety issues being addressed |
| 17/2/2012 |
37 |
Deficient performance — not bullying complaint — prompted dismissal |
| 17/2/2012 |
36 |
Unreasonable application of work rules — unfair dismissal |
| 16/2/2012 |
35 |
Workers compensation — cases wrap, 16/02/12 |
| 15/2/2012 |
34 |
Fatal fall through hole in elevated platform |
| 14/2/2012 |
33 |
Failure to ensure safe anchor point before fatal roof work |
| 14/2/2012 |
32 |
Is car trip to buy lunch a work-related journey? |
| 13/2/2012 |
31 |
Pregnant worker dismissed — compensation and penalty |
| 10/2/2012 |
30 |
Agreement dispute resolution procedures should not be bypassed |
| 9/2/2012 |
29 |
Injured concreter loses adverse action case |
| 9/2/2012 |
28 |
Multi-faceted work relationship was not employment |
| 8/2/2012 |
27 |
Failure by labour-hire employer to have defective rig inspected |
| 8/2/2012 |
26 |
Compensation and fines — dismissal after miscarriage |
| 7/2/2012 |
25 |
Driver’s inattention caused accidents: dismissal not unfair |
| 3/2/2012 |
24 |
Individual perpetrator ordered to pay $12,000 over harassment |
| 2/2/2012 |
23 |
Safety manager justifiably sacked for violent incident |
| 2/2/2012 |
22 |
Community sector — first in equal remuneration catch-up |
| 1/2/2012 |
21 |
Prosecutions — SA cases wrap |
| 1/2/2012 |
20 |
Leave to seek common law damages for shoulder injury granted |
| 31/1/2012 |
19 |
No risk of re-injury for impaired abattoir worker: NSWIRC |
| 31/1/2012 |
18 |
Questions on who is a deemed employee |
| 30/1/2012 |
17 |
ROE permit suspended over workplace violence |
| 30/1/2012 |
16 |
Plant designer failed to carry out risk assessment — appeal fails |
| 25/1/2012 |
15 |
Dismissal over faulty repair work justified |
| 25/1/2012 |
14 |
Truckie ‘knowingly’ neglected safety duty, dismissal upheld |
| 24/1/2012 |
13 |
Workers compensation — case notes, 24/01/12 |
| 23/1/2012 |
12 |
Court ordered examination by medical specialist |
| 20/1/2012 |
11 |
Apprentice cleaning gutters injured in fall from roof |
| 19/1/2012 |
10 |
Fines totalling $87.5k for guarding and fall safety offences |
| 19/1/2012 |
9 |
Restraint of colleague — overreaction — dismissal justified |
| 18/1/2012 |
8 |
Dismissal upheld for ‘death threat’ employee |
| 17/1/2012 |
7 |
Wage compensation to meat worker given chop for fighting |
| 17/1/2012 |
6 |
Extension of time allowed — post-traumatic stress injury |
| 13/1/2012 |
5 |
Electrician invented work incident, dismissal stands |
| 13/1/2012 |
4 |
Prosecutions wrap — 13/01/12 |
