6. Employers' Liability Flashcards
What are the four employer’s common law duties?
Duties to take reasonable steps to provide:
* competent staff;
* adequate material (ie plant, equipment, and machinery); and
* a proper system of work and supervision
*a safe place of work
What type of duty are employer’s duties?
a non-delegable duty
What is the meaning of a non-delegable duty?
Employer can’t escape liability by delegating the duty to another party.
What does an employer need to consider when fulfilling their duty to provide competent staff?
- Staff selection
- Training provision
- Supervision
- Employee dismissal
When does the duty to provide competent staff arise?
where an employer knows, or ought to know, about the risk a particular worker is posing to fellow workers.
When does extent of the duty to provide competent staff cover?
psychological and physical harm (bullying and/or physical injuries)
When is the duty to prove adequate plant and equipment apply?
When an employer:
1. does provide plant and/or equipment
2. does not provide plant and/or equipment
What is a reason that equipment may be inadequate?
because of inherent defects
In a case where equipment in inadequate because of inherent defects, what must an employee establish?
- Fault on the part of the third party
- Causation
What are the steps a reasonable employer must take to fulfill their duty of providing a safe system of work?
- Train employees to use the system
- Supervise them initially
- Monitor system compliance
- Enforce disciplinary action for non-compliance
With regards to the duty of a safe workplace, what is the overlap between this common law duty in negligence and the statutory duty provided by the Occupiers’ Liability Act 1957?
Under the act, where there are dangers to the state of the premsies, an occupier owes a duty to visttors ot take reasonable care for their safety.
Similarly, an employer would qualify as n occupier in respect of work premises, and an employee as a visitor.
What are the ways that the duty to provide a safe workplace is more onerous in common law than under statute (occupiers’ liability act 1957)?
1957 Act Duty:
* Can be fulfilled by delegating work to an independent contractor.
* Only applies to premises where the employer is the ‘occupier’.
Common Law Duty:
* Non-delegable
* Applies regardless of the location where employees work.
* Requires the employer to assess and address workplace dangers to ensure a safe system of work.
How does stress apply to the duty of providing a safe system at work?
a safe system of work can extend to an employee who has suffered stress as a result of his work.
What is the ‘threshold question’ to determine whether a duty would arise with regards to stress?
Whether injury to health through stress at work was reasonably foreseeable.
What are the two factors that the court consider in deciding the threshold question to stress at work?
- nature and extent of work done by the employee
- Signs from the employee themselves.
