Employers' Liability

Question 1

What is the standard of an employer’s duty of care to their employee?

Answer 1

Employer must take reasonable care in ensuring the safety of the employee

Question 2

What is meant by an employer’s duty of care being nondelegable?

Answer 2

Although a task can be delegated to an employee or an independent contractor, the duty of taking reasonable care cannot

Question 3

What are five reasonable steps that employers should take to ensure they fulfil their duty to take reasonable care for employee safety?

Answer 3

1. Safe system of work
2. Competent staff
3. Safe plant and equipment
4. Safe workplace
5. Freedom from psychiatric harm

Question 4

What 4 things may a court consider in deciding whether an employer was in breach of their duty of care?

Answer 4

1. Common practice
2. Individual circumstances of the employee
3. Date of knowledge of the risk (e.g. for industrial diseases)
4. Defective equipment

Question 5

Under the Employer’s Liability (Defective Equipment Act) 1969, if an employee is injured by equipment with a _____ defect attributable to a _____ _____, the ______ is also deemed to have been negligent

Answer 5

third party, latent, employer

Question 6

Does the Defective Equipment Act 1969 apply if C is unable to show that the defect was attributable to someone other than the employer?

Answer 6

No

Question 7

Is voluntary assumption of risk a complete defence in an action by an employee?

Answer 7

Yes