Where an employer's alleged breach of duty involves a failure to train employees to report suspicious behaviour, factual causation under s 305D WCRA requires proof on the balance of probabilities of each link in the hypothetical causal chain — including that a report would actually have been made, that the threat would have been identified and addressed, and that the attacker would have been deterred. Each link must be established as more than mere conjecture. The source of the applicable law for breach of duty is the statute (s 305B), not the common law, even though the Wyong Shire Council v Shirt calculus is reflected in s 305B(2).
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