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Tag Archives: WHS

No damages due to noncompliance with manual handling training

A recent decision of the District Court of Queensland has found that where appropriate manual handling training had been provided to an employee and their injury arose from a failure to comply with that training, the employer or host employer will not be liable for that injury. In Tawera v BDS Recruit Pty Ltd &…

Drug taking employee’s unfair dismissal finding overturned

The Full Bench of the Fair Work Commission has overturned a decision earlier this year to reinstate a ferry captain who was involved in an accident and was subsequently found to have consumed marijuana before commencing his shift. The employer had in place a zero tolerance drug and alcohol policy and had terminated his employment.…

Employer duty to warn night-shift workers of driving risks

In Fraser v Burswood Resort (Management) Ltd, the employee worked as a croupier at the Burswood Casino.  The employee had finished her shift and about half an hour into her journey home, the employee lost control of her motor vehicle which rolled four or five times.  The employee was seriously injured and has ongoing disabilities.…

Principal contractor found liable for sub-contractors injured employee

A principal contractor has been found liable for injuries to one of its subcontractor’s employees after the principal contractor took over a higher level of responsibility for the safe systems of work to be undertaken by the subcontractor. The employee of the subcontractor was engaged to dismantle scaffolding and fell 8 metres onto a concrete…

Failure to respond to WHS risk costs employer $400k

The County Court of Victoria has imposed a $400,000 fine for a work related accident which resulted in the tragic death of a worker. Whilst investigations into the cause of the worker’s death were not conclusive, it was found that the worker slipped into a hole in a walkway that was left as a result…