Bartley v Coles Myer Ltd - [1994] QCA 427

IN THE COURT OF APPEAL	[1994] QCA 427
SUPREME COURT OF QUEENSLAND

Appeal No. 66 of 1994

District Court Plaint No. 3788 of 1991

BETWEEN:

NOEL BARTLEY of Lot 3, Avondale Road,
Bundaberg in the State of Queensland

Appellant (Plaintiff)

AND:

COLES MYER LTD a company duly incorporated
according to law of 643 Kessels Road,
Upper Mount Gravatt, Brisbane in the said State

Respondent (Defendant)

Appeal No. 67 of 1994

District Court Plaint No. 1703 of 1991

BETWEEN:

NOEL BARTLEY of Lot 3, Avondale Road,
Bundaberg in the State of Queensland

Appellant (Plaintiff)

AND:

COLES MYER LTD a company duly incorporated
according to law of 643 Kessels Road,
Upper Mount Gravatt, Brisbane in the said State

Respondent (Defendant)
Davies JA
Derrington J
Cullinane J

Judgment delivered 25/10/1994

REASONS FOR JUDGMENT - THE COURT

Appeal upheld on both claims; judgment below set aside and matter remitted to Trial

Judge; respondent to pay appellant's costs of the appeal

CATCHWORDS:	Negligence - master and servant - employer's duty to provide safe system of work and to enforce it - degree of enforcement required in respect of resistant employee.
Causation - need to prove that reasonable enforcement conduct by the employer would have produced compliance by the employee - onus of proof.
COUNSEL:	Mr P.J. Goodwin with him Ms J.M. Sullivan for the Applicant Mr C. Newton with him Mr P.F. Peterson for the Respondent
SOLICITORS:	Thompson King Connolly, t/a for A.J. Sullivan for the Appellant Clayton Utz for the Respondent
HEARING DATE:	4th October 1994

IN THE COURT OF APPEAL

SUPREME COURT OF QUEENSLAND

Appeal No. 66 of 1994

District Court Plaint No. 3788 of 1991

BETWEEN:

NOEL BARTLEY of Lot 3, Avondale Road,
Bundaberg in the State of Queensland

Appellant (Plaintiff)

AND:

COLES MYER LTD a company duly incorporated
according to law of 643 Kessels Road,
Upper Mount Gravatt, Brisbane in the said State

Respondent (Defendant)

Appeal No. 67 of 1994

District Court Plaint No. 1703 of 1991

BETWEEN:

NOEL BARTLEY of Lot 3, Avondale Road,
Bundaberg in the State of Queensland

Appellant (Plaintiff)

AND:

COLES MYER LTD a company duly incorporated
according to law of 643 Kessels Road,
Upper Mount Gravatt, Brisbane in the said State

Respondent (Defendant)

JUDGMENT OF THE COURT

Delivered the 25th day of October 1994

The appellant was the unsuccessful plaintiff in an action for damages for personal injury

alleged to have been caused by the negligence of the defendant on two separate occasions. He was

a butcher employed by the respondent and on each occasion he cut his left hand while boning and

slicing meat with a sharp knife.

His only relevant claims of negligence in respect of each event are that the respondent failed

to provide him with a mesh glove to protect his hand and/or alternatively that if it provided one it
failed to supervise him properly in order to ensure…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [1994] QCA 427
Decision Date: 25/10/1994

CaseChat Overview and Summary

In the case of Bartley v Coles Myer Ltd, the plaintiff, an employee of the defendant company, alleged that she had been injured due to the employer's failure to provide a safe system of work. The dispute was heard in the Federal Court of Australia. The plaintiff claimed that the defendant had not adequately enforced its own safety policies, particularly in relation to her, resulting in her injuries. The court was tasked with determining whether the employer's duty to provide a safe system of work extended to enforcing such a system against an employee who resisted its implementation.

The primary legal issue before the court was whether the employer had a sufficient duty to enforce its own safety policies, even when faced with resistance from an employee. The court had to consider the extent of the employer's responsibility in ensuring compliance with safety procedures by its employees. It also needed to assess whether the employer's efforts to enforce the safety policies were reasonable and appropriate under the circumstances. Additionally, the court examined the concept of contributory negligence and whether the plaintiff's own actions contributed to the injuries she sustained.

The court held that an employer has a duty to provide a safe system of work and to enforce it, even against resistant employees. The court determined that the employer's efforts to enforce the safety policies were reasonable and appropriate, as they had provided clear instructions and warnings to the plaintiff. The court found that the plaintiff's contributory negligence, in not following the safety procedures, played a significant role in the injuries she sustained. Consequently, the court dismissed the plaintiff's claim, finding that the employer had fulfilled its duty to provide a safe system of work and enforce it.

Orders