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Turf QLD Industry Alert |Key news on safety dismissal rulings

Safety dismissal news you should know about

Long service a reason for, not against, safety dismissal

A worker who breached safety rules three times in three weeks was not unfairly dismissed, the Fair Work Commission has found, accepting the employer’s claim that the worker’s years of experience made his breaches more serious.

Unreasonable to require medical-assessment after day off

A worker who complained of bullying before being sacked for refusing to see a company-nominated medical specialist, after a one-day absence, has been awarded nearly $44,000.

Micromanagement was bullying

A manager’s micromanagement of his staff amounted to bullying and constituted a valid reason for his dismissal, even though he was unaware of its effect, the Fair Work Commission has found.

Worker sacked after RTW meeting wins $20k

An employment “specialist” has been ordered to pay more than $20,000 to a worker it sacked without notice immediately after a meeting on her return-to-work program.

Poor communication as serious as safety breach

A sacked worker’s $46,000 award has been quashed by a Fair Work Commission full bench, which found his unsuccessful attempt to report a serious safety issue lacked diligence.

Employer expected too much of returning injured worker

An employer has been ordered to reinstate a sacked worker, after the Fair Work Commission found it relied too heavily on one assessment of the man’s capacity to return to work after a serious accident.

Worker breached safety rule to get lunch, reinstated

A worker sacked for driving an unregistered work vehicle on a public road has been reinstated, after the Fair Work Commission found his actions were driven by hunger rather than disregard for safety protocols.

Flawed D&A dismissal upheld for safety reasons

The summary dismissal of a worker who tested positive for substances lacked procedural fairness, but this was outweighed by the employer’s need to ensure a safe workplace, the Fair Work Commission has ruled.

Worker stood down for bogus safety reasons

The Federal Court has slammed a manager for his poor knowledge of safety laws and evasive evidence at trial, in finding the employer took adverse action against an injured worker.

Fifty-two workers charged over HSR protest

A union has reminded Fair Work Building and Construction that construction “is a bl–dy dangerous industry”, after the regulator filed Federal Court proceedings against 52 workers for walking off the job after a health and safety rep was sacked.

Focus on pre-injury role too narrow, discriminatory

An employer breached equal opportunity laws in focusing solely on a worker’s pre-injury duties when it decided to dismiss her for safety reasons, a tribunal has found.

Surveillance identifies dismissible workers’ comp fraud

A worker who was filmed performing various manual activities while claiming incapacity payments has been declined an unfair dismissal remedy, with the Fair Work Commission finding he had abused the workers’ compensation system.



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