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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
23/12/2004 201 Head contractor's liability extends down the line
16/12/2004 200 Protecting the general public – an employers’ duty of care
13/12/2004 199 Stress-related cases – employees win
6/12/2004 198 Fines hiked for failing to stop unsafe practices
3/12/2004 197 Mobile phones banned on factory floor
1/12/2004 196 'Employed' for workers comp purposes: South Australia
29/11/2004 195 Ignore role of OHS supervisor at your peril: court
26/11/2004 194 Simple operation was contractor’s responsibility
25/11/2004 193 Fatality: circumstances unclear but evidence sufficient for conviction
22/11/2004 192 Can't see - don't operate
19/11/2004 191 Specific compliance may not satisfy overall system failure
18/11/2004 190 Fines increased on appeal – deterrence to bullying
16/11/2004 189 Cases round-up
15/11/2004 188 Slip in the dark - plaintiff still carried onus
10/11/2004 187 OHS excuse for misdemeanour not sackable offence
9/11/2004 186 Occupier's duty not discharged by warning of danger
8/11/2004 185 All employers, including farmers, must manage hazardous substances
5/11/2004 184 Handling a high rate of goods was not negligent
4/11/2004 183 Safety head gear recommended for farm workers
3/11/2004 182 Compensation cases - round-up
2/11/2004 181 Alcohol policy breach - first time offender survives
1/11/2004 180 Employers' OHS responsibilities - not confined to taking precautions
29/10/2004 179 Non-friable asbestos site found safe for workers
29/10/2004 178 No special duty of care between members of unincorporated associations
26/10/2004 177 Re-employment of injured worker successfully challenged
25/10/2004 176 Future manifestation of risk is relevant
22/10/2004 175 Fatigue management failure resulted in truck driver death
22/10/2004 174 Warning - extra care needed for young workers 
21/10/2004 173 NSW workers comp premium challenge upheld
20/10/2004 172 Head contractor liable for sub-contractor's employee
19/10/2004 171 Overuse injury could have been avoided
18/10/2004 170 First labour hire conviction under WA OHS laws
18/10/2004 169 Case notes - fraud, guards, costs, and more
15/10/2004 168 Asbestos miner wins damages for psychiatric injury
14/10/2004 167 Inspector fails to subpoena bank records after fatality
13/10/2004 166 Victorian WorkCover not bound by expert opinion on injury
11/10/2004 165 Tractor fatality a warning for rural community
8/10/2004 164 Security company employer liable for bouncer's assault on hotel patron
7/10/2004 163 Inherent job requirements not met
6/10/2004 162 Safety concerns may not justify psychometric testing
5/10/2004 161 Cases roundup
1/10/2004 160 Cases - employer safety breaches fined
30/9/2004 159 Safety breaches difficult to defend
30/9/2004 158 First conviction under WA commercial driver fatigue laws
29/9/2004 157 Alcohol policy - employers and employees mutually responsible
29/9/2004 156 Credible witness outweighs incident report
28/9/2004 155 Expert evidence was flawed by wrong assumptions
27/9/2004 154 Labour hire firm must be satisfied with safety
27/9/2004 153 Employer fined $16,000 for not hiring 'unfit' miner
22/9/2004 152 Failure to implement WorkCover procedures causes fatality
22/9/2004 151 Workers' compensation blocked by legislative exclusions
21/9/2004 150 Company fined for illegally storing asbestos
20/9/2004 149 Long term employee given consideration – even when clear safety breach
17/9/2004 148 Vic OHS prosecutions news
15/9/2004 147 Employer could not re-argue random drug test case
14/9/2004 146 Staffing reductions - adverse safety consequences
13/9/2004 145 Penalty on employer increased on appeal
10/9/2004 144 Objective seriousness of OHS offence - some insights
10/9/2004 143 Proper crib breaks important for OHS
9/9/2004 142 OHS guidance to employers from the bench
8/9/2004 141 Workers compensation – case notes
7/9/2004 140 Safe system and light duties failures
6/9/2004 139 Fault allocated between employer and occupier
2/9/2004 138 Employers must be diligent in fulfilling OHS responsibilities
1/9/2004 137 Fireball incident burns Victorian energy supplier
1/9/2004 136 Greater probability of HIV infection stymies appeal against compensation
24/8/2004 135 OHS messages from the courts
23/8/2004 134 Work connection for compensation purposes broken by social drinks
20/8/2004 133 Process operated 17 years without incident - no defence
19/8/2004 132 SA employer receives $50,000 fine
17/8/2004 131 Unions and OHS issues: case reports
16/8/2004 130 Australian first: radio station fined $50,000 over bullying
13/8/2004 129 Injured worker fails in reinstatement claim
13/8/2004 128 Higher level of supervision needed for apprentices
12/8/2004 127 Club's 'woeful' security made robbery an 'obvious risk'
11/8/2004 126 Managers convicted in mine deaths case
6/8/2004 125 When is a football player not a football player?
5/8/2004 124 Principal contractors' responsibilities under spotlight
5/8/2004 123 Setting up trusts does not avoid liability
4/8/2004 122 Workers compensation stop did not mean common law block
3/8/2004 121 Record $120,000 fine for non-injury case in Victoria
29/7/2004 120 Landmark bullying conviction in Victoria
26/7/2004 119 Employers liable for enforcing seatbelt policies  
23/7/2004 118 Negligence based upon 'common experience' open to challenge
20/7/2004 117 Case notes - points for employers
13/7/2004 116 Mine fined $130,000 for ignoring 'clear' warning signs
12/7/2004 115 Cases round-up
7/7/2004 114 Unsafe workplace costs contractor and employer $2 million
7/7/2004 113 Vic employers fined over dangerous and hazardous behaviour
6/7/2004 112 Post traumatic stress disorder identified
5/7/2004 111 Finding of 'functional overlay' prevented procedural fairness
2/7/2004 110 NSW OHS cases
30/6/2004 109 OHS case notes
21/6/2004 108 Case notes
16/6/2004 107 Director acting as employee sues company for safety breach
9/6/2004 106 NSW Police Service fails to provide safe work system
3/6/2004 105 Ford's safety culture - case study
2/6/2004 104 Depression and stress found compensable
1/6/2004 103 Compensation for illegal workers: an OHS perspective
1/6/2004 102 Another Victorian record for crane death

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