Skip to content
1300 362 128
Menu
1300 362 128

Case studies

Filter by Industry
Industry
Filter by Audience
Audience
Filter by Author
Author
Filter by Hazard type
Hazard type
Filter by Topic
Topic
Selected filters

Showing 61-72 of 132 results with 1 filter

Choose a sort order

  • Psychological injuries in the workplace

    Lusk & Anor v Sapwell, 1 April 2011. Employers only have to address risks in the workplace that are reasonably likely, while a worker must prove that the employer's breach of duty of care caused their injury.

    1 July 2015

  • Injury of an Employee due to an unsafe system of work

    Russell v Hancock Farm Company Pty Ltd [2013] QDC 129, 14 June 2013. The system of work used was unsafe and a breach of the employer’s duty of care. Even though other employees used the system without incident, it does not mean that an employer does not need to take precautions when an injury is foreseeable.

    1 July 2015

  • No obligation to warn of obvious risk

    Heywood v Commercial Electrical Pty Ltd [2013] QSC 52, 11 March 2013. The duty imposed on employers is to take reasonable care to avoid injury to workers. An employer does not have an obligation to avoid all risks by all reasonably affordable means. The obviousness of the risk and a reasonable expectation that workers will take care of their own safety must be taken into account.

    1 July 2015

  • Mandatory participation results in damages paid

    Bagiante v Bunnings Group Limited. [2012] QSC, 31 May 2012. Employers should take care when arranging team events and participation in these activities should be on a voluntary basis.

    1 July 2015

  • Damages awarded to former mining employee

    Martin v Golding Contractors Pty Ltd [2014] QSC 053 27 March 2014. In this case, while liability was admitted, the amount of damages was in dispute.

    1 July 2015

  • Patient care plan not clearly communicated

    Anderson v Lutheran Church of Australia [2013]. Worker was injured when she was helping a patient use the toilet at a nursing home.

    1 July 2015

  • Employer not negligent in crane road accident

    Millard v RI-CO (2004) Pty Limited (In liquidation) [2014] QSC 15 April 2014. An employer was found not to be negligent in its duty of care after a worker was injured driving a crane on a public road without permission.

    1 July 2015

  • Credibility of witness statements

    Tep v ATS Australasian Technical Services Pty Ltd [2012] QSC, 7 September 2012. This case was decided on credibility where his honour preferred the evidence of the defendant’s witnesses to that of the workers as to how the event occurred.

    1 July 2015

  • Accident not caused by failures

    Wolters v The University of the Sunshine Coast [2012] QSC 298, 5 October 2012. This is another case where the legal term of causation has been examined. The court found the employer breached its duty at common law and in contract by failing to adequately manage the behaviour of the supervisor following the event with the previous worker. However, the court held that the breach did not cause the claimant's loss, as it could not find that any action by the employer would have prevented the supervisor's actions on the day.

    1 July 2015

  • Warning could have prevented injury

    Fetu v Northern Iron and Brass Foundry [2013] QDC 330. Worker suffered a shoulder injury when he was working in a primer booth as a spray painter.

    1 July 2015

  • Future economic loss based on post injury income

    Kirchner v ITT Water, 5 November 2010. This case study demonstrates a Court may use post injury income to assess future economic loss

    1 July 2015

  • No breach of duty where cleaning system enforced

    Scott v Jackson Garden Landscape Supplies Pty Ltd 17 February 2015. This decision highlights the importance of an employer not only having in place a system of work, but also maintaining and enforcing that system to guard against risk of injury.

    1 July 2015