Stopher v Commodore Shipping [1985] JLR 219 (18 December 1985)
- Citation
- [1985] JLR 219
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Employment / Judgment
More details
- Posture
- Employment / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
An employer must ensure that suitable equipment is available for employees to safely perform their duties, and failure to do so constitutes a breach of duty.
02
Material facts
Parties
Stopher
PlaintiffCommodore Shipping
Defendant03
Procedural history
Posture
Employment / Judgment
04
Questions and positions
Legal issues
Whether the employer owed a duty to ensure the availability of equipment suitable for the employee's performance of duties
Party arguments
- Applicant
- The employer failed to provide equipment suitable for the employee's duties, breaching their duty of care.
- Respondent
- The employer fulfilled its obligations regarding workplace safety and provision of equipment.
05
Court’s reasoning
Legal principles
- 01
[1985] JLR 219
An employer owes a duty to ensure the availability of equipment suitable for the employee's performance of duties.
06
Ratio, limits and disposition
Ratio decidendi
An employer must ensure that suitable equipment is available for employees to safely perform their duties, and failure to do so constitutes a breach of duty.
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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