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Employer's actions after worker failed assessment weren't reasonable

It was reasonable to require an employee to pass a safety refresher course, but the way his employer handled his failure to do so meant it couldn't establish a defence to his resulting psychological injury, a tribunal has found.

The employer's actions were intended to ensure the competency of the employee and the safety of those around him, but not every aspect of them was undertaken in a reasonable manner, NSW Personal Injury Commission Member Cameron Burge said.

The employee worked as a security guard at Garrawarra Centre, a dementia-specific facility run by Southeast Sydney Local Health District Corporate and Legal Services.

His employment required him to undertake periodic safety intervention refresher courses, and in April 2025 he failed to pass the requirements of that course, then attended without success on three more occasions...

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