Case studies
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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.
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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.
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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'.
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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.
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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.
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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.
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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.
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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.
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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.
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Young workers toolkit accepted not rejected
The saying ‘a quick game’s a good game’ may work on the footy field but not in health and safety. Nevertheless, it’s an attitude that still features in some workplaces which results in workers, particularly young ones, taking risks or short cuts to get the job done. Not so for one business retailer.