Psychiatric Injuries Awarded from Electric Shock – Butcher v Inflight Logistics Services Pty Ltd [2016] QDC 101

Brad Butcher was employed by Inflight Logistics Services to drive food and beverage trucks to aircraft within Brisbane Airport. On 22 January 2013, Butcher received an electric shock whilst holding an electrical cord and a metal frame of a hydraulic bin lifter. Butcher was observed by a witness lying on the ground for between five […]

Demobilising Employees with Serious Mental Health Concerns – Zerjavic v Chevron [2020] WASCA 40

The WA Supreme Court has dismissed an appeal from a decision in the WA District Court which provides some guidance as to how to demobilise any employee displaying serious mental health concerns.  Overview  Zeljko Kerjavic was a contractor electrician based on Barrow Island, Western Australia. During the site inductions, the employee obtained the mobile phone […]

Blast Locations Must be 500m Away – Department of Planning and Environment v Chaplin [2020] NSWDC 361

Overview  Michael Chaplin was a Drill and Blast Engineer in the open cut operations of Ulan for Moolarben Coal Operations in NSW. Chaplin was responsible for drafting topographical aerial photographs and implementing the blasting procedures, exclusion zones and ensuring the risk management of the blast fumes. On 17 May 2017, Chaplin arranged both the primary […]

Dismissal for Viewing Pornography at Work Was Not Unfair – Gary Mellios v Qantas Airways Limited [2020] FWC 2989

Overview  A 59-year-old engineer with an unblemished career of 41 years with Qantas filed proceedings under s 394 of the Fair Work Act 2009 (Cth) for unfair dismissal. Qantas had issued iPads to engineers to remotely access the IT system. The iPad was permitted to be used for personal use and able to be set […]

Work Health and Safety Experts Engaged for Western Australian Civil/Construction Project

The Work Health and Safety Experts (‘WHSE’) have been engaged by a Western Australian-based operation to provide health, safety and environment management and advisor coverage for a multi-million-dollar construction project in the Perth CBD. The six-month project, starting in September 2020, has our health and safety consultants responsible for a range of duties. The duties […]

$113,812 for Car Park Injury – Baker v Bunnings Group Limited [2020] NSWDC 310

67-year-old Shirley-Ann Baker filed proceedings against Port Macquarie Bunnings for $702,414.93 after falling and dislocating her left ankle. Ms. Baker fell from the kerb of a raised concrete island in the carpark in October 2017. The Statement of Claim outlined nine separate claims of negligence under the Civil Liability Act 2002 (NSW). This included failure […]

Queensland Introduces Industrial Manslaughter Outside of WHS Act

The Queensland State Government has passed the Mineral and Energy Resources and Other Legislation Amendment Bill 2020 (Qld). The Bill introduces a raft of changes, including the charge of industrial manslaughter outside of the Work Health and Safety Act 2011 (Qld) for fatalities arising from criminal recklessness or gross negligence by a PCBU or a […]

Work Health and Safety Experts Provide Response to WA Parliament for Industrial Manslaughter Provisions

In June 2020, the Work Health and Safety Experts provided feedback to the Acting Director General of Safety Regulation for the Department of Mines, Industry Regulation and Safety (‘DMIRS’). Feedback was sought by leading organisations in the work health and safety sector regarding the introduction of a raft of potential amendments outlined in the Work […]

Australia to Introduce Director Identification Numbers

On 22 June 2020, the Treasury Laws Amendment (Registries Modernisation and Other Measures) Bill 2019 (Cth) received assent. Schedule 2 of the Bill has introduced the requirement for directors to apply for and hold a Director Identification Number (‘DIN’) from ASIC. As a result of this measure to counter phoenix activities and improve transparency, amendments […]

COVID-19 Dismissal Upheld by Fair Work – Knight v One Key Resources [2020] FWC 3324

The Fair Work Commission has upheld that the dismissal of an employee was not ‘harsh, unjust or unreasonable’ under s 385 of the Fair Work Act 2009 (Cth), after the employee refused to complete an internal COVID-19 survey by his employer that requested the supply of dates and locations of personal travel plans within the […]