Category: Employment & Third Party Cases
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Duty of an occupier to the employee of a subcontractor: building sites
Value Constructions Pty Ltd v Badra [2024] NSWCA 181 NEGLIGENCE — Duty of care — Duty of occupier to employee of subcontractor — Whether it was reasonable for occupier to assume that that a competent contractor would have addressed the risk — Occupier owes a duty to use reasonable care to avoid physical injury to…
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Pro hac vice: transfer of control to a host employer
Mt Owen Pty Ltd v Parkes [2023] NSWCA 77 Where a worker is undertaking work on the premises of, and under direction from another party, the transfer of control may lead to a shift of liability from the legal employer to the “host employer”. While such a transfer has been said to arise only under…