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  • Court imposes very high duty on Employers

    Beven v Brisbane Youth Service Inc [2017] QCA 211 22 September 2017. There is a very strict duty on employers who provide services to high risk clients, to take reasonable precautions, including the decline of services, in order to protect their staff.

  • Employer not liable where no breach of duty or causation can be established

    Durkin v Ambrose Haulage Pty Ltd [2020] QDC 97. A truck driver alleged that he suffered bilateral shoulder injuries which he attributed to driving long distance in trucks with deteriorated suspension/shock absorbers.

  • Employer not liable for slip on grape

    As outlined in our case study, the appellant was a school teacher employed by Riverside Christian College. In 2015, she sustained injuries to her left knee when she slipped on a grape when walking in a foyer area between classrooms.

  • Third parties to provide insurance

    Hodge v CSR Limited, 2 February 2010. Third parties may have to provide insurance for employees when it can be shown the injury was caused by a change to the system of work that could not be detected on inspection of the premises prior to injury by the employer.

  • How far are courts prepared to go with social media and bullying

    Robinson v Lorna Jane Pty Ltd [2017] QDC 266, 3 November 2017. In this case, the Court ordered the Plaintiff to disclose facebook material, which completely destroyed the Plaintiff's credibility.

  • Conflicting versions of events

    Arnold v Tilecorp Pty Ltd [2012] QSC 321, 25 October 2012. This case was determined according to issues of credit, with His Honour preferring the employer’s evidence over that of the worker’s as to the system of work he was undertaking at the time. The matter proceeded in relation to both liability and quantum.

  • Nurse awarded damages after patient incident

    A nurse has been awarded damages as a result of an assault that occurred in an Emergency Department waiting room in January 2014.

  • Plaintiff acted contrary to training

    Evans v State of Queensland [2013] QDC 277. A police officer suffered a nose, wrist and psychiatric injury when she was struck by an offender while attempting to extract his car keys from a car.

  • Horseplay not to be tolerated in the workplace

    Goran Cincovic v Blenners Transport Pty Ltd, Supreme Court of Queensland [2017] QSC 320, 20 December 2017. Employers need to ensure there are clear directions in the workplace, not to engage in activities which pose a foreseeable risk of injury.

  • More rigorous system not required

    Morton v Ivor Fritz Removals [2013] QDC 293. Worker injured his knee when he was moving furniture.

  • Former registered nurse awarded $1.6m after injury from avoiding a distressed patient

    The Plaintiff is a former registered nurse who sustained a joint injury and secondary psychological injury in the course of her employment working at the Specialist Medical Unit of the Robina Hospital.

  • Truck Driver Awarded Damages for Faulty Truck Seat

    The Plaintiff was a 38 year old truck driver who alleged he sustained a lower back disc protrusion driving a truck with a faulty seat over a period of months.