Manca v Teys Australia Beenleigh Pty Ltd

[2024] QCA 60

Queensland Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › Negligence
3. › Employer's liability
4. › Workplace injury
5. › Slip and fall on steps at meatworks
6. › Whether employer breached duty to take precautions against risk of injury
7. › Whether risk foreseeable and not insignificant
8. › Whether reasonable precautions taken
9. › Workers' Compensation and Rehabilitation Act 2003 (Qld), ss 305B, 305C, 305D
1. Practice and Procedure
2. › Pleadings
3. › Function of pleadings in defining issues for trial
4. › Whether failure to instruct employee about carrying equipment was part of pleaded case
5. › Whether appellant confined to pleaded case
6. › Uniform Civil Procedure Rules 1999 (Qld), rr 149, 157
1. Appeal
2. › General civil appeal
3. › Challenge to findings of fact
4. › Standard of appellate review
5. › Whether findings glaringly improbable or contrary to compelling inferences

Quick Take

All alleged breaches of duty in workplace negligence claims, including failures to instruct or supervise, must be specifically pleaded and particularised, rather than relying on broad allegations of failure to provide a safe system of work.