An employer who knows or ought to know that horseplay and pranks occur in the workplace is under a duty to give instructions of sufficient gravity to make compliance likely, and the failure to do so constitutes a breach of the duty of care. The Wyong Shire Council v Shirt factors were satisfied where pranks were common, the magnitude of risk was potentially high, alleviating action (instructions) would have been inexpensive, and there were no conflicting responsibilities. The inference from Betts v Whittingslowe — that breach coupled with an accident of the kind that might thereby be caused justifies an inference of causation — applies to workplace instruction cases.
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