Case studies | WorkSafe.qld.gov.au

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Workplace assault involving issues of foreseeability and causation and the employer's knowledge

Colwell v Top Cut Foods Pty Ltd ACN 010 650 281 [2018] QDC, 27 June 2018. The Plaintiff alleged that preceding events put the employer on notice of a possible assault which then imposed a duty of care on the employer to implement preventative measures to prevent the foreseeable risk.

2 July 2018
Court imposes very high duty on Employers

Beven v Brisbane Youth Service Inc [2017] QCA 211 22 September 2017. There is a very strict duty on employers who provide services to high risk clients, to take reasonable precautions, including the decline of services, in order to protect their staff.

15 June 2018
Horseplay not to be tolerated in the workplace

Goran Cincovic v Blenners Transport Pty Ltd, Supreme Court of Queensland [2017] QSC 320, 20 December 2017. Employers need to ensure there are clear directions in the workplace, not to engage in activities which pose a foreseeable risk of injury.

15 June 2018
Is an employer liable for the criminal act of a third party?

Adlington v Dominos Pizza Enterprises Limited [2016] QDC 84, 15 April 2016. Employers need to assess the possible safety risk from third parties and take appropriate measures to protect their employees.

15 June 2018
Assaults by third parties

The Corporation of the Synod of the Diocese of Brisbane v Greenway [2017] QCA 103, 26 May 2017. Employer is found to breach its duty in failing to train staff and establish guidelines for properly responding to unsafe events.

15 June 2018
How far are courts prepared to go with social media and bullying

Robinson v Lorna Jane Pty Ltd [2017] QDC 266, 3 November 2017. In this case, the Court ordered the Plaintiff to disclose facebook material, which completely destroyed the Plaintiff's credibility.

15 June 2018
Plaintiff is unsuccessful in proving management action was inappropriate

Pere v Central Queensland Hospital and Health Service [2017] QDC 002, 27 January 2017. In this case, the Plaintiff was unable to prove there was an assault or that there was any breach of duty by the employer causing compensable loss.

15 June 2018
Employer found to be directly and vicariously liable for District Chief Executive's bullying

Robinson v Cape York Hospital and Health Service [2017] QSC 165, 8 August 2017. The employer was both directly and also vicariously liable for their staff's behaviour which included managerial mistreatment, humiliation, undermining and isolation.

15 June 2018
Assessment of risk and training required for manual handling

D’Arcy v Corporation of the Synod of the Diocese of Brisbane [2017] QSC 103, 31 May 2017. In this case the employer was found to be liable for a back injury sustained by the Plaintiff during the course of her employment.

6 April 2018
Contributory negligence by worker and exaggeration lead to reduction in damages

Kennedy v Queensland Alumina [2015] QSC 317, 18 November 2015. The employer was found to be liable for injuries suffered by a worker, but found the worker had contributed to those injuries through his own negligence.

6 April 2018
Employer obliged to conduct inspections to ensure workplace is safe even in the absence of prior incidents

Covey v State of Queensland [2017] QSC 23, 27 February 2017. The Plaintiff was awarded 1.6m in damages for injuries sustained when she fell at work.

6 April 2018
Fatigue Management plans a must for shift workers

Kerle v BM Alliance Coal Operations and ors [2016] QSC 304, 16 December 2016. In this case, the employer (a labour hire company), the mine owner and the host employer were all found liable for the Plaintiff's injuries, including a brain injury, sustained in a motor vehicle accident.

6 April 2018