Recent evolution of labour hire cases

Authors: Simon Lusk

A recent New South Wales Court of Appeal decision, together with Supreme Court and District Court decisions, in cases where a labour hire employee is injured while working with a host ‘employer’, demonstrate that the courts are prepared to absolve a labour hire employer of liability in circumstances where a breach of the non-delegable duty did not cause the incident.

This case note provides an update on how the courts are assessing the respective liability of employers and host employers, both in section 151Z Workers Compensation Act 1987 recovery cases and cases where the employer is joined as a party.

Significant cases, legislation or articles referred to:

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