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Injury Prevention and Management case studies
Case Studies to help employers establish and maintain effective injury prevention and management systems.
20 September 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 -
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 -
Decision highlights importance of thoroughly briefing staff
Digby v The Compass Institute Inc and Anor 30 October 2015 [QSC 308]. This decision highlights the importance of properly briefing staff.
5 April 2018 -
Holy Cross Laundry
Holy Cross Laundry has improved their stay at work and their claim durations have decreased following their participation in the IPaM program.
21 July 2016 -
Integrated Family and Youth Service
Integrated Family and Youth Service Ltd (IFYS) is a not-for-profit organisation delivering specialist support and intervention programs for children, young people and families across Queensland.
11 September 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 -
The onerous obligation on an employer to instruct and warn
Weaver v Endeavour Foundation [2013] QSC 93, 12 April 2013. This judgment effectively imposes a standard akin to perfection on an employer and goes to the scope of an employer’s duty of care generally. The employer was found liable for doing its very best to train staff to minimise foreseeable risks of injury in the workplace.
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 -
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