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ARTICLE · 01 APRIL 2016

Even when they're sleeping - Court widens empoyer liability for in-bed worker assault

Where accommodation is specifically provided, safe and secure systems should be in place to ensure the safety of workers.

AustraliaEmployment and HR

In its first decision of 2016, the Industrial Court of Queensland ruled in Simon Blackwood (Worker's Compensation Regulator) v Civeo Pty Ltd and Anor [2016] ICQ 001 that an assualt to a sleeping worker was compensable under the Worker's Compensation & Rehabilitation Act 2003 (Qld) on the basis he "was doing the very thing the company had encouraged him to do". It is timely reminder to those Councils with large geographical boundaries and in remote regions who accomodate workers particularly in camp arragements while undertaking their jobs.

Background

In the course of his employment, Mr Cumbers was required to travel between five campsites owned by his employer to service each site's commercial appliances. During these services Mr Cumbers took up his employer's offer of onsite accommodation. One evening after the end of the working day, Mr Cumbers joined a group of friends, consumed alcohol and smoked marijuana, and eventually retired to his room. While he was

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