In the recent decision of Blake v JR Perry Nominees Pty
Ltd [2012] VSCA 122, the Supreme Court of Victoria Court of
Appeal held that an employer, whose worker was injured as a result
of a colleague's prank, was not liable in negligence either
directly or vicariously.
The case restates the proposition that an employer will not be
liable for workplace incidents occurring beyond its reasonable
control. This is in the absence of any bright line rule for
determining whether an employer will, or will not, be held liable
for harm caused to a third party by the unauthorized acts of an
employee.
The employer, Perry, had a contract to refuel a survey vessel
due at a wharf on 16 October 2001. The only instructions given to
the employee, Blake, were to collect the fuel from the depot on
Monday 15 October, transport it to the wharf and wait for the
vessel to dock. Waiting periods could vary, depending upon the
conditions at sea, from a few hours, to (as here) late the
