Illawarra Retirement Trust v Jesionkowski [2001] NSWCA 286

Illawarra Retirement Trust v Jesionkowski [2001] NSWCA 286

The evidence did not establish that shifting the cleaning of the hallways to lunchtime would have significantly reduced the risk of injury to employees; it would have merely shifted the period of risk or increased other hazards, such as the accumulation of foreign matter. Therefore, the employer was not negligent in maintaining the existing cleaning schedule.

Parties
Appellant: Illawarra Retirement Trust; Respondent: Lisa Rae Jesionkowski
Jurisdiction
Australia
Judgment Date
31 August 2001
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Negligence, Employer's Duty of Care, Alternative Systems of Work, Slip and Fall Accidents
Torts Personal Injury Negligence Employer's Duty of Care Alternative Systems of Work Slip and Fall Accidents

Case Brief

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Parties

Illawarra Retirement Trust

Appellant

Lisa Rae Jesionkowski

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether employer negligently breached duty to prevent reasonably foreseeable risks of injury to employee
  2. 2 Whether an alternative system of cleaning whereby cleaning would occur at a different time would have significantly reduced the risk of injury to the employee

Ratio Decidendi

The evidence did not establish that shifting the cleaning of the hallways to lunchtime would have significantly reduced the risk of injury to employees; it would have merely shifted the period of risk or increased other hazards, such as the accumulation of foreign matter. Therefore, the employer was not negligent in maintaining the existing cleaning schedule.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed.
  • The respondent is to pay the appellant's costs of the appeal.