Balfours NSW Pty Ltd v Karam

The case of Balfours NSW Pty Ltd v Karam involved the appellant employer, Balfours NSW Pty Ltd, and the respondent, Karam, a worker who sustained injuries while participating in a rehabilitation program. The primary dispute was over the worker's claim for consequential loss resulting from these injuries. The matter was heard and determined by the NSW Court of Appeal.

The legal issues before the court included whether the injuries sustained by Karam during the rehabilitation program were reasonably foreseeable, and whether the employer could be held liable for such injuries. Another significant issue was the interpretation of the relevant statutory provisions and whether they covered the circumstances of the case. The court had to determine if the employer had breached any duty of care owed to the worker during the rehabilitation program.

The court found that the injuries Karam sustained were not reasonably foreseeable, and thus the employer was not liable for the consequential loss. The reasoning was based on the understanding that the rehabilitation program was intended to assist the worker in recovering from injuries, and not all risks associated with such programs are the responsibility of the employer. The court confirmed the Arbitrator’s decision and held that the worker's claim for consequential loss was not substantiated. Consequently, the appeal was dismissed, and the employer was ordered to pay the respondent's costs of the appeal.