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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.
 

2010
2009 2008 2007 2006 2005 2004 2003 2002 2001 2000
1999 1998 1997 1996
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Displaying 1 - 100
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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


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