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 |
| 10/3/2010 |
74 |
Journey crash not cause of back pain |
| 9/3/2010 |
73 |
Sole trader convicted over scaffolding deficiency, but avoids fine |
| 9/3/2010 |
72 |
Worker 'probably' ignored safety precautions, fine cut |
| 9/3/2010 |
71 |
High Court finds particular asbestos–cancer nexus ‘improbable’ |
| 8/3/2010 |
70 |
Unreasonable punitive action caused psychological symptoms |
| 8/3/2010 |
69 |
HR unaware of back pain, redundancy fair |
| 5/3/2010 |
68 |
Sacking not connected to OHS complaint |
| 4/3/2010 |
67 |
Dismissed for wilful asbestos exposure, not OHS complaint |
| 4/3/2010 |
66 |
Diabetic manager fails to prove discrimination |
| 4/3/2010 |
65 |
Repeated poor performance triggered dismissal |
| 3/3/2010 |
64 |
Stressful but ‘reasonable’ discipline caused car-crash worker’s pain |
| 3/3/2010 |
63 |
Impairment rulings should be made on evidence, not assumptions |
| 3/3/2010 |
62 |
Senior manager 'carelessly complicit' in bullying |
| 2/3/2010 |
61 |
No mutuality breach after direction to stop work |
| 1/3/2010 |
60 |
Discriminated ‘asthma’ cop awarded $11k for lost promotion |
| 1/3/2010 |
59 |
Worker ‘endlessly’ disciplined for misconduct, agreement breached |
| 26/2/2010 |
58 |
Management blunders meant sack for stealing ‘unreasonable’ |
| 25/2/2010 |
57 |
Workplace renovation caused asthma: AAT |
| 25/2/2010 |
56 |
Staircase was safe, damages denied |
| 25/2/2010 |
55 |
$6600 for pregnant woman made redundant after move to part-time work |
| 24/2/2010 |
54 |
Need for machinery guarding — shocking arm injury |
| 24/2/2010 |
53 |
'Irregularities' halt discontinuance notice |
| 23/2/2010 |
52 |
Key legal phrases clarified in rejection of travel injury compo |
| 23/2/2010 |
51 |
Labour-hirer escapes hefty damages bill |
| 22/2/2010 |
50 |
Compo granted for unsupportive boss |
| 19/2/2010 |
49 |
Contract truckie’s psych injury arose out of reasonable management |
| 18/2/2010 |
48 |
Fired for safety misconduct, reinstated by FWA for family’s sake |
| 18/2/2010 |
47 |
'Butchered' scaffolding caused fall |
| 17/2/2010 |
46 |
Miner injured during tacitly encouraged laundry activity |
| 17/2/2010 |
45 |
OHS manager cleared of bullying, anonymity also denied |
| 16/2/2010 |
44 |
Bullying victim awarded over $500k by NSW District Court |
| 16/2/2010 |
43 |
Range of movement not 'exaggerated': AAT |
| 15/2/2010 |
42 |
Psych disability claim thwarted by reasonable management evidence |
| 15/2/2010 |
41 |
Firm fails to act on own OHS advice |
| 12/2/2010 |
40 |
Worker's evidence 'changing', claim rejected |
| 11/2/2010 |
39 |
Maintenance requires OHS procedures, too: Court |
| 10/2/2010 |
38 |
Equipment lost — dismissal complied with code |
| 9/2/2010 |
37 |
No requirement for ‘locking out’ machine caused injury |
| 9/2/2010 |
36 |
Policy flexibility for employer to change allowances, etc, stalls agreement |
| 8/2/2010 |
35 |
‘Antagonistic’ employee refused to recognise safety protocol |
| 5/2/2010 |
34 |
Workers ‘deliberately’ denied protective function of prohibition notices |
| 4/2/2010 |
33 |
Tell employers how accident could have been prevented, says High Court |
| 4/2/2010 |
32 |
Routine tasks are 'red flags' for employers: Court |
| 3/2/2010 |
31 |
High Court overturns ‘reverse onus of proof’ case |
| 3/2/2010 |
30 |
Loader operator, aged nine, poses ‘unnecessary risk’, QIRC says |
| 3/2/2010 |
29 |
Stressful environment not linked to call worker’s dehabilitating disorder |
| 2/2/2010 |
28 |
Fishing-trip injuries found compensable |
| 1/2/2010 |
27 |
'Temporary upset' following dismissal not enough for compo |
| 1/2/2010 |
26 |
Drug sacking was 'premature', FWA finds |
| 29/1/2010 |
25 |
Stroke not work-related, despite proven stress |
| 28/1/2010 |
24 |
Failure to follow instructions costs firm $115k |
| 28/1/2010 |
23 |
Postie’s ‘less than candid’ shoulder claim canned |
| 27/1/2010 |
22 |
Redundancy not a sham, so bullying claim 'irrelevant' |
| 27/1/2010 |
21 |
Workmates' help gets worker with hernia his job back |
| 27/1/2010 |
20 |
CEO had no influence on subsidiary safety: Court |
| 25/1/2010 |
19 |
Jumping the queue not a sackable offence |
| 25/1/2010 |
18 |
Inadequately trained worker unable to identify guarding deficiency |
| 22/1/2010 |
17 |
Payslip proves parent company is employer |
| 22/1/2010 |
16 |
Legal technicality and speculation thwart injured worker’s case |
| 22/1/2010 |
15 |
FWA clarifies ‘minimum employment period’ re dismissals |
| 21/1/2010 |
14 |
Safety procedures contradicted, ‘very junior’ electrician left burnt |
| 21/1/2010 |
13 |
FWA orders secret ballot, but removes OHS questions |
| 20/1/2010 |
12 |
Asthma and anxiety develop in absence of breathing apparatus |
| 19/1/2010 |
11 |
Absence of back-up communication caused fatality |
| 19/1/2010 |
10 |
Rejection of bullying claim without HR inquiry ‘beyond belief’ |
| 18/1/2010 |
9 |
$123k payout for worsening old injury |
| 15/1/2010 |
8 |
Back condition excluded from injury payout |
| 14/1/2010 |
7 |
Colleague massage requests not sexual: Tribunal |
| 13/1/2010 |
6 |
Passive aid not compensable medical treatment |
| 13/1/2010 |
5 |
Low-risk hazard still requires protection measures |
| 13/1/2010 |
4 |
Injury sustained at ‘workplace threshold’ compensable |
| 12/1/2010 |
3 |
Employer fined $2000 over ‘shirt lifter’ jibes |
| 12/1/2010 |
2 |
Failure to seek alternative job 'excusable' |
| 11/1/2010 |
1 |
Principal not liable for expert contractor’s working systems |
