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 decision is interesting, partly
because the injury was fairly significant (and the injured worker
was left uncompensated), but also because it restates the
proposition that an employer will not be liable for workplace
incidents occurring beyond its reasonable control.
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 next
day.
