Tag: employer

  • State of New South Wales v Fahy

    State of New South Wales v Fahy [2006] NSWCA 64 [33] Attention might have been directed to whether the Crown was the employer for the purposes of determining the safety of conditions of employment. Section 6 of the Vicarious Liability Act expressly states that a police officer shall be deemed to be a person in…

    More

  • Ward v Endeavour Coal Pty Ltd

    Ward v Endeavour Coal Pty Limited [2026] NSWSC 557 NEGLIGENCE – workplace accident in coal mine – plaintiff travelling in front passenger seat of specialised mining vehicle – driver of vehicle a labour hire worker – plaintiff an employee of the mine operator – vicarious liability – pro hac vice employment – contributory negligence –…

    More

  • Parsons v JJ Richards and Sons Pty Ltd

    Parsons v JJ Richards and Sons Pty Ltd [2008] NSWCA 331 Beazley JA [3] In Czatyrko v Edith Cowan University [2005] HCA 14 ; (2005) 214 ALR 349 the High Court reiterated the well-known principles governing an employer’s duty of care. The Court said, at [12]: The appellant relied in this Court on these basic…

    More

  • McLean v Tedman

    McLean v Tedman (1984) 155 CLR 306 If there is a foreseeable risk of injury (313) arising from the employee's negligence in carrying out his dutiesthen this is a factor which the employer must take into account.That this is so was implicitly acknowledged by Taylor J. in Smith v.Broken Hill Ply. Co. Ltd. (11), when…

    More