Case studies
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Clarity for employers on social work functions
ALH v Simon Blackwood (the Regulator) [2014] QIRC 105 13 June 2014 The recent decision from the Queensland Industrial Relations Commission provides further clarity for employers in determining applications for compensation for injuries sustained at social work functions.
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Employer not liable for worker failing to keep look out
Pershouse v Sirius Observatories Australia [2013] QDC, 9 May 2013. The Court was satisfied that there was no duty upon the employer to protect the worker from a risk that would have been reasonably foreseen by the worker.
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Judgement of breach of duty of care overturned on appeal
Larkin v Suncorp Staff Pty Ltd [2013] QDC 028 Samios DCJ. A judgement ruling an employer breached its of duty of care was overturned on Appeal when it was noted that there was a low probability that an accident would occur and the resulting injuries would be minimal.
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General induction not enough
Brunker v Consolidated Meat Group, 29 August 2010. This case study is about a slicer employed at a Rockhampton meatworks that demonstrates employers must give task specific instructions and directions and must provide more than a 'general induction'.
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Failure to establish negligence
Schonell v Laspina, Trabucco & Co Pty Ltd [2013] QSC 90, 11 April 2013. This case looked at the principle that when considering what reasonable measures employers should adopt to avoid a foreseeable risk of injury, the test should not be considered with the benefit of hindsight, but rather looking forward to identify what response should have been made.
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Future earnings capacity debated
Simmons v Wanless & another [2014] QDC 13 February 2014. In this case, liability was not disputed, but the issue that was contested was the extent of the worker’s future earnings capacity.
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Discharging duty of care
Caine v Bunnings Group Limited [2012] QDC, 4 September 2012. This is a case where the court found that the employer had discharged its duty of care by providing an adequate system of work, training and instruction.
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No alternative system established
Williams v Riviera Marine [2013] QDC 306. The worker suffered a shoulder injury while working on wiring in a small locker onboard a boat.