Employer found to have breached duty of care to concrete delivery driver

Reddock v ST&T Pty Ltd & Anor [2022] QSC 293

Background

On 26 July 2021 the Plaintiff, a concrete delivery driver, suffered a left wrist and secondary psychiatric injury. Her employer, ST&T Pty Ltd,owned and maintained the truck she was driving, however at the time, she was placed with the Second Defendant, Boral, who provided her with day-to-day instructions. Just before her injury, the Plaintiff had reported to Boral that the swivel chute on her truck was stiff and hard to move. Boral’s batching manager inspected the chute, applied some grease, observed that it was still stiff, but requested she perform another delivery. The plaintiff was injured whilst performing the further delivery.

Judgement

The matter was heard before Judge Jackson in the Supreme Court at Brisbane on 7-10 February 2022, who found in favour of the Plaintiff against both defendants and apportioned liability 50/50.

The employer was held to have breached its duty of care to the Plaintiff, as its instructions were not clear as to who the Plaintiff should contact if she had an issue with the truck.

Boral was found to be liable on the basis that Boral’s batcher had no mechanical experience, and his actions of greasing the chute could not have made the chute any easier to move. Further, he had required the Plaintiff to undertake a further delivery after she had already put him on notice of issues using the chute.

Damages awarded against the employer were $633,253.53 clear of a refund of $30,669.42. Damages awarded against Boral were $727,133.81. Each Defendant was ordered to pay 50% of their respective judgement sums.

A copy of the judgement can be found here.