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.
Anti-bullying umpire can consider pre-2014 allegations
7 March 2014
A Fair Work Commission Full Bench has clarifed the scope of the new anti-bullying laws, ruling the Commission has jurisdiction to consider pre-2014 allegations in making stop bullying orders.
Workers comp cases: double counting, election and more
Author John Golden 7 March 2014
These cases mainly feature technical jurisdictional matters including double payment of compensation, election to claim damages, same facts but different tribunals and a hearing wrongly denied.
Safety of fun ride could not be delegated to third party
6 March 2014
It was not unreasonable for an amusement ride operator to expect it could rely on qualified engineers to inspect and test its ferris wheel, but this did not override its own responsibility to take a proactive approach to ensuring the device was safe for use.
Boss that sacked cancer sufferer tried to quash publicity
5 March 2014
The Federal Court has penalised a company and its director for adverse action which involved sacking a long-term employee to prevent him taking sick leave after he was diagnosed with cancer.
Timber company cops $50K fine for cutter blade injury
Author Maria Karlsson-Lilas 5 March 2014
An employer’s safety obligations have been found to extend to conducting risk assessments to establish how to maintain safety when operating machinery, in the wake of a safety breach judgement against a timber company.
Cleaner wins appeal: jury influenced by comments
Author Maria Karlsson-Lilas 4 March 2014
In a Victorian case, a cleaner has successfully appealed her unsuccessful common law damages claim, on the ground that her credibility had been completely undermined by comments made by counsel for one of the defendants.
Evidence contested in common law damages cases
3 March 2014
From rubber strips to aggressive behaviour management training, there have been a spate of recent cases involving conflicting evidence in common law damages cases.
Workers comp cases: ‘treatment’, noise, assault and more
Author John Golden 28 February 2014
These workers compensation cases from the Cth, NSW and ACT jurisdictions cover: whether a four-wheel drive was ‘medical treatment’; call centre operator's hearing loss; work-break assault is compensable; deemed worker carrying on trade; ‘normal weekly earnings’ and Comcare; and no interest on damages.