WorkCover Authority of New South Wales (Inspector Robins) v Labour Co-operative Ltd (No 1) [2001] NSWIRComm 223

WorkCover Authority of New South Wales (Inspector Robins) v Labour Co-operative Ltd (No 1) [2001] NSWIRComm 223

Labour Co-operative Limited was the employer of Ms Lister and failed to ensure her health, safety and welfare at work by not providing adequate hazard-specific training and supervision. Control exercised by CSR Timber Products does not transfer employment; the statutory duty is absolute and non-delegable, and it was reasonably practicable for the defendant to take steps to obviate the risks. The defendant did not establish a statutory defence under s 53. The offence under s 15(1) is proven.

Jurisdiction
Australia
Judgment Date
20 September 2001
Procedural Posture
Prosecution / Judgment
Outcome
offence proven
Legal Topics
['labour Hire Liability' 'employer Duty' 'contract of Employment' 'injury at Work' 'statutory Defence' 'causal Connection' 'training and Supervision']
['occupational Health and Safety'] ['labour Hire Liability' 'employer Duty' 'contract of Employment' 'injury at Work' 'statutory Defence' 'causal Connection' 'training and Supervision']

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Procedural Posture

Prosecution / Judgment

Legal Issues

  1. 1 ['Whether Labour Co-operative Limited was the employer of Ms Julie Anne Lister at the time of her injury' 'Whether the defendant was causally connected with the alleged risks to safety' 'Availability of statutory defences under s 53 Occupational Health and Safety Act']

Ratio Decidendi

Labour Co-operative Limited was the employer of Ms Lister and failed to ensure her health, safety and welfare at work by not providing adequate hazard-specific training and supervision. Control exercised by CSR Timber Products does not transfer employment; the statutory duty is absolute and non-delegable, and it was reasonably practicable for the defendant to take steps to obviate the risks. The defendant did not establish a statutory defence under s 53. The offence under s 15(1) is proven.

Court Disposition

offence proven

Orders

  • []