ROWE v Australian & Overseas Telecommunications Corp [1996] NSWCA 457

ROWE v Australian & Overseas Telecommunications Corp [1996] NSWCA 457

The employer was not in breach of its duty of care, as it had taken reasonable measures against foreseeable risks consistent with prevailing standards and the nature of the premises. The risk of such an assault was not sufficient to require greater security measures than those already in place. No error was revealed...

Source-derived case information.

Parties
Appellant: Rowe; Respondent: Australian & Overseas Telecommunications Corp
Jurisdiction
Australia
Judgment Date
11 September 1996
Procedural Posture
Appeal / Judgment of Court of Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Negligence, Employer's Duty of Care, Personal Injury, Workplace Safety
Tort Law Employment Law Negligence Employer's Duty of Care Personal Injury Workplace Safety

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Parties

Rowe

Appellant

Australian & Overseas Telecommunications Corp

Respondent

Procedural Posture

Appeal / Judgment of Court of Appeal

Legal Issues

  1. 1 Whether the employer breached its duty of care to the employee assaulted at work by failing to take reasonable precautions against foreseeable risk of injury from criminal intruders.

Ratio Decidendi

The employer was not in breach of its duty of care, as it had taken reasonable measures against foreseeable risks consistent with prevailing standards and the nature of the premises. The risk of such an assault was not sufficient to require greater security measures than those already in place. No error was revealed in the trial judge's factual findings or evaluation of expert evidence, and the rejection of evidence relied on by the plaintiff was justified.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.