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ARTICLE · 06 SEPTEMBER 2019

Skating on thin ice: Coles liable for slip and fall by worker

Cooper Grace Ward
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The case highlights the importance of documenting OHS complaints and thoroughly investigating accidents as they occur.

AustraliaEmployment and HR
Tony Park
Tony Park
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In Rhodin v Coles Supermarkets Australia Pty Ltd [2019] ACTSC 207, the ACT Supreme Court delivered a substantial verdict against Coles in favour of a delicatessen attendant following a slip and fall on ice in a seafood cool room.

The case highlights the importance of employers properly documenting and acting upon OHS complaints. It also demonstrates the significant hurdles employers face to rebut liability or quantum evidence from claimants because they generally have a much better reason to recall key facts.

The Claim

The plaintiff alleged that in May 2014, she observed ice on the floor of a cool room caused by a leak from two tubs. She alleged she reported this at that time.

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