File(s) not publicly available

The duty of care owed to workers working alone: Lusk v Sapwell [2011] QCA 59

journal contribution
posted on 06.12.2017, 00:00 by Kristy Richardson
In September 2010 the Supreme Court awarded an employee $387,633.82 in damages for injuries sustained in a workplace incident. The employee was working alone in the retail shop and was assaulted. The trial judge found that the employer had breached its duty of care to the employee by, “failing to install a ‘mechanism’ to exclude others from a work space not visible to the general public” (at [15]). On appeal the trial judge’s finding on negligence were reversed with the Court of Appeal determining that there had been no breach of duty on the part of the employer. The reasoning of the Court of Appeal was not disturbed by the High Court of Australia in an application for special leave. This section note examines the various courts statements on the duty of care for workers working alone.

History

Volume

32

Issue

4

Start Page

193

End Page

195

Number of Pages

3

ISSN

0312-1658

Location

Riverwood, NSW

Publisher

Thomson Reuters

Language

en-aus

Peer Reviewed

Yes

Open Access

No

External Author Affiliations

Faculty of Arts, Business, Informatics and Education; Institute for Resource Industries and Sustainability (IRIS);

Era Eligible

Yes

Journal

Queensland lawyer.

Exports

CQUniversity

Categories

Exports