EMPLOYERS’ LIABILITY
An employer has a DOC to see that reasonable care is taken to ensure the safety of employees. The DOC of the employer to employee extends to the provision of competent staff, a safe place of work, safe equipment and a safe system of work.
-Metropolitan Parks v Percival
The respondent lost both legs following a fall from a flat-bed truck on which he worked. During the course of the afternoon, there was an interlude for refreshments. The respondent admitted to having had either three or four drinks of alcohol. The medical report indicated that the respondent was indeed intoxicated as a result. On his way home, the respondent fell from the back of the truck and his legs were unfortunately crushed. The major point in this case was whether MPM had provided a safe work system. The court held that, the failure of duty to provide a safe system was not the effective cause of the accident. It was the respondent’s intoxication that was the effective cause of the accident. A safe system of work had been provided. The system had been ignored by the employees including the respondent. The circumstances of each case have to be considered in determining what is a safe system of work, as the requirements depend entirely on what exits at the workplace and on the level of danger that a situation poses. As such, no fault was found with the treatment of evidence nor with the finding that MPM had not provided a safe system.
-Wilsons and Clyde Coal v English
Mr. English, a miner was employed at Wilsons and Clyde Coal Ltd. He was injured on work when he was crushed by a haulage plant. His family claimed damages. The company claimed that Mr. English’s own negligence led to his death, because he should have told the person in charge of the machinery or taken another route. The House of Lords held that an employer has a non-delegable duty to create a safe system of