Category Archive for: ‘Cases’


Be more specific! WHS charge dismissed due to insufficient complaint

Complaints or charges issued by regulators that do not identify the specific omissions that are said to constitute an offence …

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Just a Little Bit Over

Just a little bit over? How far over can you be and still keep your job? According to the Fair …

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Repetition, repetition, repetition – employee fails to obtain a stop bullying order because the unreasonable acts were not repeated

An employee has failed to obtain anti-bullying orders, despite proving that the company had engaged in unreasonable behaviour on 4 …

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Why not both? Full Bench solves the urine versus saliva drug testing dilemma

An issue that has been plaguing employers for some time has been given some clarification with the Fair Work Commission …

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Excuse me, officer? Court considers who is an ‘officer’ under the WHS Act

Not all management employees will qualify as an ‘officer’ for the purposes of the model Work Health and Safety Act …

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Court confirms regulator’s powers to request documents are broad

A recent decision in the NSW Supreme Court has highlighted the broad power the regulator has to obtain confidential and …

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Its risky to undertake work without the required licences and permits

The prosecution of Jonathon Westmoreland, a subcontractor who attached cladding without the required permit to a wall at a Swanston …

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Ensuring workers comply with safety systems is a key part of ensuring a safe workplace

An inquest into the death of a seaman approximately 3 nautical miles off the coast of Western Australia in 2011 …

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Do you really learn from incidents?

A recent Federal Court decision reminds businesses that in order to meet legal duties they must learn from incidents. This …

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Why a non-compliant Notice of Completion Could Cost More Than You Think

A recent appeal case in the Supreme Court is a timely reminder about the importance of getting the paperwork right …

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