ARTICLE · 28 SEPTEMBER 2006

Are You Exposing Your Employees To Unnecessary Risks?

DLA Piper Australia

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A recent decision made at the District Court provides an interesting insight into how the courts view an employer’s obligation to ensure that their employees are not exposed to unreasonable risks.

AustraliaEmployment and HR

John Lunny

Jeremy Cousins

The recent District Court decision of White v Calstores Pty Ltd [2006] QDC 161 provides an interesting insight into how the courts view an employer’s obligation to ensure that their employees are not exposed to unreasonable risks.

White was employed by Calstores Pty Ltd as a service station console operator and was the victim of an armed robbery. The plaintiff argued her employer had breached the duty imposed by the Workplace Health and Safety Act 1995 (Qld) to provide a safe and secure work place. The claim argued before Tutt DCJ, based mainly on post traumatic stress disorder, was successful. Damages of $109,502.25 were awarded, including payments for general damages, and past and future economic loss.

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