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 --

