Employer held liable for the criminal act of a third party

Michelle Elizabeth Sapwell v Adam Paul Lusk and Elizabeth Lusk t/as Clarity by Gerber & Lusk Optometrists [2010] QSC 344

Facts

This case involved a 24-year-old woman, Ms Sapwell ('the plaintiff') who was working as an optical technician in an optometry shop. A 70-year-old customer, Mr Bart, had come into the shop and requested the plaintiff repair his spectacles. The plaintiff proceeded to the back workshop and began to repair them.

Unbeknownst to the plaintiff, Mr Bart had followed her into the back room. He placed his hands on her hips and started gyrating up against her also cupping her breasts with his hands. The plaintiff fled into the reception area when another customer came into the shop and Mr Bart left the store, turning away so as to hide his face.