31-40 of 254 results

Court finds heights risk 'significant and obvious'
Insight 07 Mar 2022

A principal contractor and an employer have been ordered to pay nearly $700,000 collectively to a window glazier who fell from a 4.5 metre tall ladder while placing silicone between a steel column and a window. ...

Court finds employment only needs to be one significant cause of a workplace injury to hold employer liable
Insight 07 Mar 2022

An injured employee has been awarded damages in circumstances where it was unclear whether the root cause of his injury was his employment, personal leisure activities, or a degenerative disease. ...

FWC Full Bench upholds reinstatement of worker dismissed for breach of mobile phone rules
Insight 07 Mar 2022

A Full Bench of the Fair Work Commission (the FWC) has upheld a decision to reinstate a worker after he was dismissed for contravening the employer's mobile phone usage policy.1 The Full Bench agreed with an earlier decision of a single member of the FWC, deciding that the dismissal was harsh, taking into account the employee's circumstances. ...

WHS prosecutor made to pay costs
Insight 07 Mar 2022

A Queensland safety prosecutor has been directed to pay a defendant's costs after learning information on day one of the trial that put it on notice its expert evidence did not support the charge brought. ...

Queensland site access requirement lawful and reasonable
Insight 07 Mar 2022

In a decision following the Mt Arthur Coal case, the Fair Work Commission (the FWC) has decided that a vaccination site access requirement for BHP's coal mines in Queensland was a lawful and reasonable direction, having regard to privacy laws and the right to bodily integrity. ...

High Court holds contract is king in deciding employee–contractor relationship
Insight 17 Feb 2022

In its first two judgments of 2022, the High Court has provided welcome clarification in the independent contractor vs employee debate, by redirecting the test back towards the interpretation of the terms of the employment contract and away from a multi-factorial analysis of post-contractual conduct ...

Dismissal of unvaccinated retirement village worker upheld
Insight 31 Jan 2022

The Fair Work Commission (FWC) has upheld the dismissal of a Maintenance Manager at a retirement village, finding that he was incapable of performing the inherent requirements of his job because he was not vaccinated against COVID-19. ...

First FWC decision in its new 'stop sexual-harassment' jurisdiction
Insight 31 Jan 2022

The Fair Work Commission (FWC) has issued its first decision in the anti-sexual-harassment jurisdiction that was introduced last year. The FWC dismissed the application after finding that the parties no longer worked in the same location and there was therefore no risk of interaction that could give ...

Industrial manslaughter laws around Australia
Insight 31 Jan 2022

The following map sets out the status of industrial manslaughter laws in each Australian jurisdiction. ...

Refusal of WFH flexible work arrangement upheld
Insight 31 Jan 2022

The Queensland Industrial Relations Commission (Commission) has upheld Queensland Health's decision to refuse an employee's request for a flexible working arrangement (FWA) to work remotely from another state, finding it was fair and reasonable for the employer to deny the request. ...