EL: Breach: Failure to provide competent employees

Question 1

Black v Fife Coal Ltd

Answer 1

Facts?
- Manager of a mine unaware of dangers of carbon monoxide poisoning in enclosed space - not fit to do his job.
Principle?
- If incompetent person is employed/required to do job they cannot do, there will be breach of employer’s duty.

Question 2

Hudson v Ridge Manufacturing Company Ltd

Answer 2

Facts?
- Employee who had history of tripping people up over 4 years.
- Frequent warnings by foreman.
- Employers did not do much to stop him.
- C then got injured and sued directly as opposed to vicariously.
Principle?
- Reasonable employer should have done more to make sure this did not happen.

Question 3

Smith v Crossley

Answer 3

• No breach of duty, one off joke, no history of it before.