Home - Cases
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.
LOTO failure — ‘very busy’ worker endangered himself
A worker who failed to lock-out a machine, ahead of cleaning its moving parts, compromised his own safety; and, for this reason, his dismissal was valid.
Abusive, threatening & intimidating conduct — dismissal
23 May 2013
A labourer has unsuccessfully challenged his dismissal for abusive, threatening and intimidating conduct. The NSWIRC found that his employer, Boral, had valid reason for the termination and there had been nothing unfair in the dismissal procedure.
Refusal to return to work — valid to dismiss
22 May 2013
An employee’s refusal to return to work in what she perceived to be a stressed environment, and refusal to comply with a return-to-work plan eventually resulted in the termination of her employment. The FWC Full Bench found that her employer had a valid reason for dismissing her and refused permission to appeal against the decision.
Damages awarded for injury during staff training
21 May 2013
An employer has been found liable for the injury of an employee who fell while providing training to other employees. If the she had been taught to conduct the particular demonstration slowly, the risk of injury could have been averted.
Worker tampered with incident scene to ensure site safety
20 May 2013
A worker who tampered with the scene of a safety incident has won his unfair dismissal case. He had been attempting to prevent a further accident, not to cover up his actions.
Occupier 75% liable for defective grate injury
20 May 2013
A worker, who was badly injured when he tripped on a defective grate, has successfully sued Sydney Airport for negligence.
History of back injury restricted damages
17 May 2013
A man has failed in his appeal to have increased damages awarded after a work accident. Pain from previous injuries, dependence on pain killers and a history of not being able to maintain full-time work for long periods limited his earning capacity.
Injured while cleaning without being asked
16 May 2013
A contractor's employee was injured in a fall, while carrying out a cleaning job that nobody had asked him to do. The occupier had other cleaning arrangements in place and was not aware of the man's 'volunteer action'. The occupier was not in breach of its duty of care, and the conclusion was confirmed on appeal.