Case studies | WorkSafe.qld.gov.au

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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
High duty of care on employers extends to one-off simple tasks

Witherington v Lev’s Fabrications Pty Ltd [2014] QDC 266 21 November 2014. This case highlights the high duty of care placed on employers to provide workers with a safe place of work, safe systems of work, appropriate training and to assess the risk involved in all aspects of an employee’s work.

1 July 2015
National Glass

National Glass, a wholesale supplier and processor of glass products for residential and commercial building and construction has achieved a significant culture shift and a vast improvement in staff retention and productivity.

1 July 2015
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
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
A question of credibility

Hannah v Barellan Bobcat Hire Pty Ltd, 24 August 2011. Liability will be determined on the facts that are accepted by the Court, and the credibility of the parties is critical in making this determination.

1 July 2015
Judge to decide what is matter of fact

Timothy James Klein v SBD Services Pty Ltd [2013] QSC 134, 30 May 2013. This case demonstrates the importance of record keeping and accurate reporting of injuries. If documentation is lacking, it will ultimately fall to the Judge to decide on a matter of fact.

1 July 2015
Employer found not negligent in security

Karanfilov v MSS Security & Ors [2013] QSC 304. Injured worker suffered post-traumatic stress disorder when he was working as a security guard.

1 July 2015
Liability admitted but future economic loss disputed

Haden v Smith's Snackfood Company Ltd [2013] QMC 1 11 February 2013. The plaintiff won in the Magistrates Court, but the decision was successfully appealed due to an incorrect calculation of damages.

1 July 2015
Evidence does not support damages claim

Lewis v Greenmountain Food Processing Pty Ltd 6 June 2014 A Brisbane judge rules against labourer’s claims for damages for personal injuries suffered in the course of his employment at a meat processing plant due to conflicting evidence.

1 July 2015
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.

1 July 2015
Worker's fall did not cause consequential symptoms

Beardmore v Crown Equipment Pty Ltd [2012] QDC, 3 October 2012. This is a case where the court found there was a fall at work, there was negligence but the fall did not cause consequential symptoms.

1 July 2015