Glynn v Challenge Recruitment Australia Pty Ltd

[2006] NSWCA 203

NSW Court of Appeal

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Interrogate

Catchwords

1. Workers Compensation
2. › Modified common law damages
3. › Several concurrent tortfeasors
4. › Employer and non-employer tortfeasor
5. › Whether s 151Z(2) limits worker's recovery against employer to proportionate share
6. › Whether worker entitled to full judgment against employer
7. › Workers Compensation Act 1987 (NSW), s 151Z(2)
8. › Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5
1. Tort Law
2. › Negligence
3. › Non-delegable duty of care
4. › Labour hire organisation
5. › Employee injured at client's worksite
6. › Whether employer's non-delegable duty negated by sending employee to work for client
7. › Whether failure to inspect worksite or instruct employee constituted breach
1. Tort Law
2. › Negligence
3. › Causation
4. › Whether employer's failure to instruct and train had causal connection with injury
5. › Whether casual act of negligence by third party broke chain of causation
1. Damages
2. › Personal injury
3. › Past economic loss
4. › Allowance for known vicissitude
5. › Unrelated intervening injury
6. › Whether failure to deduct period of incapacity from unrelated injury constituted error

Quick Take

Section 151Z(2) of the Workers Compensation Act 1987 (NSW) does not limit a worker's recovery against the employer to the employer's proportionate share of damages as between concurrent tortfeasors. The worker is entitled to judgment against the employer for the full amount of modified common law damages. The statement to the contrary in Gordian Runoff Ltd v Heyday Group Pty Ltd at [68] is incorrect. A labour hire organisation that does nothing towards safe working conditions at a client's site — including failing to visit, inspect, or instruct its inexperienced employee — breaches its non-delegable duty of care.