In a tripartite labour hire arrangement, both the labour hire employer and the host employer owe non-delegable duties of care to the worker. The labour hire employer cannot abdicate its duty by assigning the employee to a client, and the host employer's duty extends to checking the quality of maintenance work performed by independent contractors on plant used by the worker. An employer's duty regarding plant maintenance extends to ensuring that reported faults are adequately addressed, not merely to engaging a reputable contractor. Where specialist equipment is leased with maintenance arrangements, an implied warranty of fitness for purpose may entitle the lessee to full contractual indemnity from the lessor for losses caused by defective maintenance.
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