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ARTICLE · 02 SEPTEMBER 2009

Employer´s Non-Delegable Duty – Labour Hire

Norton Rose Fulbright Australia
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The specific issue to be determined by the Court involved the "extent to which the personal duty of the employer extends to premises over which it has limited or no control."

AustraliaInsurance
Joseph Taouk
Joseph Taouk
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Mr Scott Cole (the worker) sustained injury on 30 June 2005 in the course of his employment by Finemore Transport. DIB Group Pty Ltd t/as Hill & Co (DIB) was sued as the occupier of the premises where the accident occurred. Specifically, the worker stepped on an unstable cover which lay over an inspection pit, causing him to fall and fracture his ankle. At first instance, the NSW District Court found DIB negligent as occupier of the premises and awarded the worker damages.

The appeal to the Court of Appeal did not seek to challenge the finding of negligence or the assessment of damages, but rather it sought to challenge unsuccessful arguments made at first instance concerning:

  • whether the worker was contributorily negligent; and

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