Case studies
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High duty of care on employers extends to one-off simple tasks
Witherington v Lev’s Fabrications Pty Ltd [2014] QDC 266 21 November 2014. This case highlights the high duty of care placed on employers to provide workers with a safe place of work, safe systems of work, appropriate training and to assess the risk involved in all aspects of an employee’s work.
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Employer not negligent for trivial accident
Chapman ATS University of Southern Queensland Student Guild, 12 August 2010. Manual handling case study where a cleaner was injured performing additional duties. This case study demonstrates an employer will not necessarily be found negligent for a trivial workplace incident.
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Engaged employees own The Jetty Specialist's safety transformation
The Jetty Specialist, a Caloundra-based marina infrastructure builder, turned to its employees to help improve their safety performance.
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Carlton and United Breweries: A targeted approach
Carlton and United Breweries (CUB) at Yatala opened in 1987 and forms part of the SABMiller group. CUB produces and packages a range of beers, ciders and spirits at the Yatala brewery.
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Ipswich State High School: Health and wellbeing
Ipswich State High School (ISHS) is a large secondary school located in north Ipswich with approximately 1500 students and 146 staff.
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Workplace assault involving issues of foreseeability and causation and the employer's knowledge
Colwell v Top Cut Foods Pty Ltd ACN 010 650 281 [2018] QDC, 27 June 2018. The Plaintiff alleged that preceding events put the employer on notice of a possible assault which then imposed a duty of care on the employer to implement preventative measures to prevent the foreseeable risk.
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Transdev Brisbane Ferries: Safety starts with YOU: Be fitter, be safer
Transdev Brisbane Ferries is part of Transdev Australasia, which operates nine transport businesses throughout Australia and New Zealand. The company was awarded a grant under the Queensland Government’s High-Risk Industry Work Health Funding Program in 2013.
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Injury of an Employee due to an unsafe system of work
Russell v Hancock Farm Company Pty Ltd [2013] QDC 129, 14 June 2013. The system of work used was unsafe and a breach of the employer’s duty of care. Even though other employees used the system without incident, it does not mean that an employer does not need to take precautions when an injury is foreseeable.
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Chronic pre-existing injuries and their effect on damages
Phillips v MCG Group Pty Ltd, 8 June 2012. A worker suffered from a debilitating pre-existing injury but managed a spasmodic but relatively unrestricted working life. When the worker suffered a further workplace injury that rendered him incapable of further employment, the question posed to the court was as to how much of his future economic loss could be attributed to the employer.
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Borthwicks – reducing the risks of Q fever to visitors at their meat processing plant
Thomas Borthwick & Sons (Borthwicks) conducted risk assessments at their meat processing plant to understand Q fever risks to site visitors, such as prospective employees, contractors and representatives.
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Routine tasks not posing foreseeable risk of injury
Fatnowna v Acril Quality Testing Services Pty Ltd [unreported] 25 September 2015. In this case the District Court found the employer not to be in breach of its duty to its employees.