Two employees have an argument at work. One shoots
the other as the latter is about to drive home after work.
Who's to blame? The employer ..........
A recent decision by the NSW Court of Appeal found that an
employer had failed in its duty of care when one employee shot
another employee on the way home from work. As a result, the
employer had to pay the injured employee over $861,000 plus
costs.1
Background
The injured employee (P) and the assailant (L) were both
employed as stonemasons from 1999. From the time he was employed, L
had behaved in an aggressive manner toward two other employees but
had not engaged in violence.
However, during an argument with P in April 2000, L punched P in
the head and was about to hit P with a heavy metal tool when
colleagues intervened to restrain L. The manager who arrived
shortly after the incident told P and L to 'forget' about
the incident and discouraged P from reporting the matter to the
police. No disciplinary action
