OH&S / WHS

25 year gap no barrier to hearing loss liability

25 year gap no barrier to hearing loss liability

Even though an employee had last worked with an employer in 1991 and had several employers since, the NSW Workers’ Compensation Commission has held an employer liable for a hearing injury claim lodged in April 2015 seeking a lump sum amount as well as hearing aids. Facts of the case Mr Noel Parsons worked at Qantas between 1954 and 1991…read more →

Further impacts from abolition of NSW Industrial Court – WHS Category 3

In addition to the changes set out in our September Public Sector Update, proceedings for Category 3 offences under the Work Health and Safety Act have been moved to the District and Local Courts. This move will finalise prosecution arrangements under the WHS Act, with the most serious Category 1 and serious Category 2 offences being previously transferred from the…read more →

Confused reaction to disruptive patient justifies payment to terminated security employee

Confused reaction to disruptive patient justifies payment to terminated security employee

In a delayed decision handed down on 2 November 2016 the IRC considered an incident where Mr Siddique, a security employee at a major hospital, was observed on CCTV to push over and injure a disruptive patient. While his actions were found to justify his termination, Commissioner Tabbaa found confusion by supervisors meant Mr Siddique’s activities were not adequately questioned,…read more →

Performance shortcomings: lost wheels not enough to lose job

In a decision handed down on 2 September 2016 the IRC Full Bench considered whether poor performance by a State Transit Authority (STA) bus mechanic justified his dismissal. The termination of his employment followed an incident in which a bus serviced by the mechanic lost two wheels as it rounded a corner. Facts Mr Sunil Dissanayake worked as a qualified…read more →