And so it begins – COVID-19 and employer liability

Our pens have been down on a related article for all of two minutes before the subject of COVID-19-related employer liability has resurfaced, and we don't expect that it will settle down any time soon. The matter has a risen in the context of the death of a worker who contracted COVID-19 shortly after his employer was determined to be a Tier 1 employer. Questions are now being asked about employer accountability for the safety of workers in light of COVID-19, and what employers are supposed to be doing to discharge their workplace health and safety duties over employees during the current pandemic.

On Monday 13 September 2021, Mr Martin 'Marty' Blight passed away in hospital after contracting COVID-19. Mr Blight worked for Serco Australia, which had not long before his passing been identified as a Tier 1 site. To remind of what a Tier 1 site is, it means that, in accordance with the guidance of Fair Work Australia, employees are required in their normal duties