Labour Hire Companies Still Liable For Workers’ Injuries

The NSW Supreme Court has again reaffirmed that employers owe non-delegable duties of care to employees notwithstanding the employer was a labour hire company, though it did note that the absence of a direct breach of the duty of care by the labour hire company is relevant to a claim for apportioning of other parties' liability. The worker brought a claim in negligence for injuries sustained at his workplace against his employer, who was a labour hire company, as well as the occupier of the premises where the worker worked and sustained his injuries (CSR). The Court held that both the employer and the occupier of the premises were liable in negligence for damages to the worker.

The worker was tasked by CSR to remove solidified concrete from a concrete barrel attached to a truck. Ordinarily, CSR would provide the worker with a jackhammer weighing 10-15 kilograms for such a task. However, prior to this task being undertaken, the CSR jackhammer was stolen, so CSR hired