A system of work for unloading heavy items that involves multiple workers but does not restrict or exclude other employees from the hazardous unloading area is not a safe system of work, even if the number of workers engaged in the unloading itself is adequate. An employer's failure to warn or restrict access to such areas constitutes a breach of the duty of care. Where a defendant fails to call available witnesses who could have given evidence on central issues, a Jones v Dunkel inference is available, and a trial judge is obliged to accept uncontradicted evidence that is reasonable and inherently probable.
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