Employment Law: Australian Employers owe duty of care to its employees

Workplace injuries, however unfortunate it may be, happen and are not entirely uncommon. According to figures released by the Australian Bureau of Statistics, nearly 5.3% workers suffered injuries or illness which was in direct relation in their workplace or as a result of their professional duties. By their very nature, some jobs are more dangerous and hazardous than others and workers of the same are more susceptible to injuries and illness, but companies have an obligation to safeguard workers from any foreseeable injury or illness that may occur in their workplace. Every country & jurisdictions have their employment laws, and employment lawyers & claims, in place requiring every employer to take necessary steps to prevent workplace accidents from occurring, especially those which are foreseeable.

The duty of care that employers have towards its employees is implied in the contract of employment and it is the fundamental duty of an employer to ensure the safety of the workers at the workplace. Failure to do so or failure to take preemptive action in preventing the foreseeable incident is taken as breach of contract and the employer is liable for prosecution from the court of law.

If we take the example of O’Connor vs. Commissioner for Government Transport (1959) 100 CLR 225 at 229, the high court, upon every employer, imposes the duty to take reasonable care in preventing any workplace injury from happening.

“[B]y providing proper and adequate means of carrying out his work without unnecessary risk, by warning him of unusual or unexpected risks, and by instructing him in the performance of his work where instructions might reasonably be thought to secure him from danger of injury...The standard of care for an employee’s safety is not a low one.”

There are multiple employment laws safeguarding the rights of workers with various employment lawyers & claims who can assist you in achieving justice.