Conceicao v Visypak Operations Pty Ltd [2008] NSWCA 307

Conceicao v Visypak Operations Pty Ltd [2008] NSWCA 307

There was a foreseeable and preventable risk of injury in requiring employees to dismount from a 550mm high conveyor belt without a step or safety measures. The employer failed to provide a safe system of work, and the specific injury was within the range of foreseeable incidents. Contributory negligence was not established as the system ought to guard against negligent missteps by tired employees.

Jurisdiction
Australia
Judgment Date
11 November 2008
Procedural Posture
Appeal and Cross Appeal / Judgment After Hearing
Outcome
Appeal allowed; cross-appeal dismissed
Legal Topics
["employer's Duty of Care" 'safe System of Work' 'contributory Negligence' 'workplace Injury' 'damages']
['negligence' 'employment Law'] ["employer's Duty of Care" 'safe System of Work' 'contributory Negligence' 'workplace Injury' 'damages']

Case Brief

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Procedural Posture

Appeal and Cross Appeal / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the system of work provided by the employer was safe' 'Whether there was a foreseeable risk of injury to the employee' 'Whether contributory negligence should be attributed to the employee']

Ratio Decidendi

There was a foreseeable and preventable risk of injury in requiring employees to dismount from a 550mm high conveyor belt without a step or safety measures. The employer failed to provide a safe system of work, and the specific injury was within the range of foreseeable incidents. Contributory negligence was not established as the system ought to guard against negligent missteps by tired employees.

Court Disposition

Appeal allowed; cross-appeal dismissed

Orders

  • ['Appeal allowed.' "Set aside the trial judge's award of damages in the sum of $135,765.70." 'Remit the matter to the District Court for re-hearing on the question of damages.' "Set aside the costs order made by the trial judge and order that the respondent pay the appellant's costs of trial relating to liability."...