Skip to content

Case studies

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

All case studies

Choose a sort order
  • Instructions: a direction or mere request?

    Vella’s Plant Hire Pty Ltd v Mistranch Pty Ltd & Ors, 29 March 2012. This case highlights the question that needs to be asked in matters where directions are being received from the principal contractor. That is, whether an instruction from a Principal is a mere “request” or is conduct amounting to direction and control of how the work is to be carried out.

  • Previous employment influence

    Husband v Hikari Pty Ltd, 22 October 2010. This case study shows that a Judge may award damages despite having a pre-existing injury, and future economic loss may be awarded based on income from previous short-term employment.

  • Hospital found not negligent

    Hyde v State of Queensland [2013] QDC 268 24 October 2013 The plaintiff failed to establish any negligence or breach of contractual obligation on the part of the defendant, in the case of an angina episode relating to a pre-existing condition.

  • 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'.

  • 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.

  • A question of requirement

    Drummond v Gunne Constructions [2013] QDC 043, 22/03/2013. While there was no dispute that the injury event occurred, this trial was about whether the employer knew and required the worker to perform this task.

  • Modest damages for minor burn injury

    Welsh v Boutique Venues Pty Ltd [2020] QDC 18. The Plaintiff was a 21 year old pastry chef who received minor burns from removing an item from an ellevated oven.

  • 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.

  • 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.

  • 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.

  • Feros Care: Fitness at Feros Forever

    Feros Care delivers quality aged care services to thousands of community based clients across four states.

  • 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.