Recent evolution of labour hire casesAuthors: Anna Williams and 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:
- Workers Compensation Act 1987
- Elliott v Bickerstaff  NSWCA 453 per Giles JA
- TNT Australia Pty Limited v Christie and two Ors  NSWCA 47 (12 March 2003)
- Hodge v CSR Limited  NSWSC 27 2000 February (2010)
- Clarence Valley Council v Macpherson  NSWCA 422 (22 December 2011)
- Shoalhaven City Council v Humphries  NSWCA 390 (22 November 2013)
- Wormleaton v Thomas & Coffey Limited (No 4)  NSWSC 260 (20 March 2015)
- Sandra Bernadette Fullick v Jurox Pty Limited  NSWDC 40 (2 April 2015)