31-40 of 253 results
Court finds employment only needs to be one significant cause of a workplace injury to hold employer liable
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
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
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
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
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
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
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
The following map sets out the status of industrial manslaughter laws in each Australian jurisdiction. ...
Refusal of WFH flexible work arrangement upheld
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. ...
Creating reputational risk for an employer may be a valid reason for dismissal
On 20 September 2021 Mr Omar Chebbo, a mobile crane operator employed by Major Crane Logistics Pty Ltd (Company) attended an anti-vaccine mandate rally in Melbourne. The protest was attended by almost 2000 individuals who became violent, throwing rocks and bottles at police and damaging the CFMEU's ...