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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
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1999 1998 1997 1996
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Date # Title
22/12/2003 247 OHS cases round-up
22/12/2003 246 Voluntary overtime compensable
22/12/2003 245 OHS cases round-up
18/12/2003 244 Fine after inspection fails to spot formwork design faults
17/12/2003 243 OHS cases round-up
12/12/2003 242 Machine guarding warning follows further fines
11/12/2003 241 Secretary's posture and poor work ergonomics caused injury
11/12/2003 240 Fine increased on appeal - employer's conduct fell 'well short'
10/12/2003 239 Employee dismissed - a danger to himself
8/12/2003 238 Employer fined $15,000 for seriously injured work experience student
5/12/2003 237 Employer 'let down' by experts
5/12/2003 236 Small town employer fined less severely
4/12/2003 235 First fines for Kogarah gas explosions
4/12/2003 234 Safety reps' access to employer information upheld
1/12/2003 233 Waste industry worker’s death was preventable: Coroner
28/11/2003 232 Four metre factory fall results in fines
27/11/2003 231 Bank hold-up nets ANZ large fine under new OHS Act
26/11/2003 230 Mining cases
26/11/2003 229 Imminent risk to OHS - hygiene issue
24/11/2003 228 Amcor Packaging fined $100,000 after worker's foot amputated
20/11/2003 227 After hours security required for lone workers?
18/11/2003 226 Random drug testing - urine testing endorsed over saliva testing
18/11/2003 225 Dog attack too remote to cause compensable stress
13/11/2003 224 Employee convictions in Kogarah gas explosions
12/11/2003 223 Cases round-up
12/11/2003 222 No conviction recorded against 'devastated' employer
6/11/2003 221 Failure to follow OHS policy justified dismissal
6/11/2003 220 Safety rep dismissed after disregarding clear directions
31/10/2003 219 OHS prosecutions round-up
27/10/2003 218 Cases round-up
24/10/2003 217 Fine doubled, test of adherence to Standard and COP
24/10/2003 216 Fine for saw injury leads to warning for Victorian mills and timberyards
23/10/2003 215 Highest ever Victorian fine for worker death
21/10/2003 214 $10,000 fine for finger amputation in WA
20/10/2003 213 Cases round-up
17/10/2003 212 Vehicle parked on work premises did not make owner of work premises liable for accident
17/10/2003 211 Worker's exposure to carcinogens during employment not proven contributor to cancer
8/10/2003 210 Employer should have foreseen outdoor slip
8/10/2003 209 Appeal against $105,000 fatality fine dismissed in Vic County Court
8/10/2003 208 Company not guilty as not in control of work
7/10/2003 207 'Vexatious' litigant may still make claims
3/10/2003 206 Cases round-up
3/10/2003 205 NSW Education Dept fined $160,000 for special school attacks
3/10/2003 204 Casual had no ordinary hours - workers comp reduced
30/9/2003 203 BHP employee prevented from working by medical test
29/9/2003 202 Cases round-up
26/9/2003 201 Breach of company safety rule justified dismissal
25/9/2003 200 $960,000 judgment still stands despite scant facts
25/9/2003 199 Refusal to transfer to day shift not a dismissal
25/9/2003 198 Reinstatement after failed alcohol test
24/9/2003 197 'Excessive' fine appeal fails
24/9/2003 196 Ex-company director pursued for workers comp reimbursement
19/9/2003 195 WorkSafe warns on forklifts
19/9/2003 194 Highest OHS penalty after death of employee
18/9/2003 193 Work practices under review by NSW Court of Appeal
17/9/2003 192 Negligence requires more than foreseeability of injury
16/9/2003 191 Supply of labour could not be isolated from OHS responsibilities
15/9/2003 190 Injury under NSW workers comp legislation considered by Court of Appeal
12/9/2003 189 Fixed-term contract suspended during workers' comp incapacity
11/9/2003 188 Building engineer fined for wall collapse death
10/9/2003 187 Workers' compensation awards don't necessarily cover future aggravations of same injury
10/9/2003 186 $30,000 fine for OHS dismissal
9/9/2003 185 Sea World jet ski injuries - charges laid
9/9/2003 184 Pre-emptive action only defence against harassment liability
5/9/2003 183 Lack of machinery guard leads to $1,000 fine
5/9/2003 182 $200,000 fine for safety failure that resulted in death
4/9/2003 181 High Court finds chronic fatigue syndrome not substantiated
3/9/2003 180 Two convictions over log fall incident
3/9/2003 179 $78,000 fine for inadequate safety policy
1/9/2003 178 Vic WorkSafe warns business to brace for serious injury and death
29/8/2003 177 Employer forced to agree to union's safety claims
26/8/2003 176 'So-called' jokes cost harassers $26,000
26/8/2003 175 Indirect discrimination test finds relocation 'reasonable'
25/8/2003 174 Post traumatic stress disorder not substantiated so common law action failed
22/8/2003 173 Employer fined for failing to prevent employee stabbing
22/8/2003 172 Medical evidence should have been rejected when employee found untruthful
21/8/2003 171 Employer acquitted despite coal miner's death
20/8/2003 170 Absent director gets large fine
19/8/2003 169 Sentencing: appropriateness not consistency most important
18/8/2003 168 Vic farmer guilty of threatening inspector
14/8/2003 167 Company director not personally liable
12/8/2003 166 State may be partly liable for asbestos-related disease
12/8/2003 165 Inappropriate management style not bullying
12/8/2003 164 Emergency procedure for confined spaces inadequate
8/8/2003 163 2 conflicting accounts - who was telling the truth?
7/8/2003 162 Verdict of contributory negligence overturned
7/8/2003 161 Workers compensation cases
7/8/2003 160 OHS prosecutions
6/8/2003 159 Director fined over OHS breaches
6/8/2003 158 No action over privacy complaint by teacher
5/8/2003 157 Assessing penalties for OHS breach by labour hire firm
4/8/2003 156 Falls on construction sites - 2 cases
1/8/2003 155 Sacking for raising safety results in landmark legal case: WorkSafe
1/8/2003 154 Non-compliance with Australian standards not necessarily demonstrative of OHS failure
1/8/2003 153 Comparative OHS sentences difficult: Qld court
31/7/2003 152 Charity must pay OHS fine arising from patient's death
30/7/2003 151 OHS issues and harassment of other employees justified dismissal
30/7/2003 150 Reinstatement ordered following dismissal on invalid OHS grounds
29/7/2003 149 Equipment supplier fined $20,000 in cross-jurisdictional case
28/7/2003 148 Union's OHS 'reasonable concern' argument doesn't work

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