Employers' Liability Flashcards
What is the DOC owed by an employer?
To take reasonable care for their employees’ safety while at work.
What are the four duties owed by an employer as part of their DOC?
Duty to provide:
(i) Competent staff;
(ii) adequate material (i.e. plant and machinery);
(iii) a proper system of work and supervision; and
(iv) a safe place of work.
Can an employer delegate their duty to others?
No. An employer owes a direct duty to their employees.
How is the duty to provide competent staff breached?
If an employer knows, or ought to know, about the risk a particular worker is posing to other employees, they have breached their duty (means they cannot breach the duty if wholly unaware, and not expected to be aware).
Also, if they fail to train or supervise their workers, this breaches their duty.
How could an employer breach the duty to provide adequate plant and equipment?
If the plant and equipment is defective, e.g. is dangerous through wear and tear, or through a lack of safety devices; or
If the employer doesn’t supply necessary plant and equipment, e.g. gloves for cleaning
What happens if plant/machinery is inadequate due to inherent defects, rather than anything the employer has done?
The employee can still sue the employer. However, the employer can then sue the manufacturer.
Is it enough for an employer to provide a ‘safe system of work’ to satisfy this duty?
No, the employer must take several steps to ensure the safe system is followed, e.g.:
- By providing adequate training to operate the safe system;
- Ensuring the employees are supervised;
- monitoring the operation of the system to ensure it is fully complied with; and
- taking disciplinary action against failure to comply with the system
What is the duty to provide a safe workplace?
Ensuring the workplace itself is safe, e.g. the premises hasn’t got inherent defects making it dangerous.
How is stress considered in an employers’ duty?
Stress is included in the provision of a safe system of work; e.g. if an employee says they’re stressed (and their job is inherently stressful), and the employer takes no action, they’re breaching their duty to provide a safe system of work.
Employer is entitled to take what is said at face value though, e.g. if an employee says they’re not stressed, there is no ongoing duty thereafter.
What is the standard of the duty owed by the employer?
To act as a reasonable employer in their position would.
E.g. the same provisions for stress at google wouldn’t apply at the corner shop.
