Case studies

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.

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.

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.

Wesley Mission: how acting smarter is saving workers and money

Caring for the community for more than 100 years, Wesley Mission Queensland was referred to the Injury Prevention and Management program after experiencing a rise in its workers’ compensation costs and premium, in part due to slow injury reporting and return to work outcomes.

Feros Care: Fitness at Feros Forever

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

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.

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.

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.

Considering genuine occupational requirements

Chivers v State of Queensland (Queensland Health) [2014]QCA 141 13 June 2014 The Queensland Court of Appeal recently handed down a decision which helps to clarify employers’ responsibilities in considering whether a particular requirement of a position is a genuine occupational requirement, or, whether adjustments should be made to meet the needs of an employee with an impairment or disability.

The Reasonable Foreseeability Threshold - unfortunate accidents can happen

Micallef v Endeavour Foundation [2013] QDC 142, 28 June 2013. WorkCover Queensland was recently successful in defending a matter for Endeavour Foundation in the District Court Decision of Micallef v Endeavour Foundation [2013] QDC 142.

Was a breach in duty of care the cause of harm?

Carswell v Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane [2012] QSC, 7 September 2012. This case highlights that even though an employer may have breached their duty of care, the onus is on the worker to prove that the breach was a material cause of the harm suffered by the worker.

Plaintiff’s failure to establish causation and onus of proof

Claire Hammond v Cerebral Palsy of League Queensland M172/12 11 September 2013. This case highlights that even though an employer may have breached their duty of care, the onus is on the worker to prove that the breach was a material cause of the harm suffered by the worker.