Facts

• An employee was injured when standing under a crane and it fell on him
• The crane was being operated by a contractor
• Brought an action in negligence
• Employer argued no vicarious liability

Issue

• Was the employer liable for the negligence?

Held

• Yes, on the basis of non delegable duty of care
• There was no vicarious liability
• Duty is of such a nature that it cannot be delegated; this is true of the employer/employee relationship
• In dangerous situations, the employer has a heavy duty of care and this can be non-delegable
• Must ensure reasonable care and skill is taken;
• employer has the exclusive responsibility to the premises, work, etc – employee must rely (employee’s safety is in the hand of the employer)
• Workplace safety is not discharged by delegation
• Must take all reasonable steps to ensure harm, including ensuring all contractors have a safe system

-- Download Kondis v State Transport Authority (1984) 154 CLR 672 as PDF --

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