Employer's liability Flashcards
What are the four common law duties owed by employers?
To provide competent staff
To provide adequate plant, equipment and machinery
To provide a proper system of work and supervision
To provide a safe place of work
Can an employer escape liability if it has delegated to an independent contractor?
No - they are personal to the employer.
What does it mean to provide competent staff?
An employer knows or ought to know about the risk that a particular worker is posing to fellow workers.
What does it mean to provide adequate material?
Where an employer provides plant/equipment but it is inadequate in some way.
Where an employer supplies the plant/equipment but not all of it has been supplied for the necessary job.
What does it mean to provide a proper system of work and supervision?
An employer should provide adequate training and supervision
They should monitor the system to ensure it is fully complied with
They should take disciplinary action against those who fail to comply
What constitutes a safe workplace?
Where dangers are found wherever an employee is working, they must devise and implement a system of work to eradicate or minimise such dangers.
This duty is non-delegable.
Is a duty of care owed for stress at work?
Yes, if the injury to health through stress was reasonably foreseeable.
How do you determine if stress if reasonably foreseeable?
Consider the nature and extent of the work done by the employee
Any signs from the employee themselves
How does the court assess the standard of care in employer liability claims?
They will look at all the surrounding circumstances, including the magnitude of the foreseeable risk and also the cost and practicality of precautions.
How does a court determine if there is a breach of duty in an employer liability case?
They will ask two basic questions:
- What risks ought the employer to have foreseen?
- What precautions ought the employer to have taken in response to those risks?
What defences are employers likely to raise in employer liability cases?
Consent (voluntary assumption of risk)
Contributory negligence
