Hacon v Godel [1987] JLR 547 (22 June 1988)

Hacon v Godel [1987] JLR 547 (22 June 1988)

An employer is not liable for injuries sustained by an employee on scaffolding if the employee's presence was not in the course of work, was unauthorised, or if the employee's breach of instructions and negligence were the sole cause of injury.

Citation
[1987] JLR 547
Parties
Applicant: Hacon; Respondent: Godel
Jurisdiction
Jersey
Judgment Date
22 June 1988
Procedural Posture
Civil / Judgment
Outcome
employer not liable
Legal Topics
Breach of Statutory Duty, Employer Liability, Scaffolding Safety
Employment Health and Safety Breach of Statutory Duty Employer Liability Scaffolding Safety

Case Brief

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Parties

Hacon

Applicant

Godel

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Is the employer liable under Construction (Safety Provisions) (Jersey) Regulations, 1970, reg. 3(1)(a) for injuries sustained by an employee on scaffolding when the employee's presence was not in the course of work or was unauthorised?
  2. 2 Does an employee's breach of instructions and negligence absolve the employer of liability for injury?

Ratio Decidendi

An employer is not liable for injuries sustained by an employee on scaffolding if the employee's presence was not in the course of work, was unauthorised, or if the employee's breach of instructions and negligence were the sole cause of injury.

Court Disposition

employer not liable