Calvert v Mayne Nickless Ltd

In the case of Calvert v Mayne Nickless Ltd, the plaintiff, a nurse employed by the defendant hospital, sought damages for injuries sustained while lifting a patient. The dispute centred on whether the defendant breached its duty of care, breached the employment contract, or violated its statutory duty under the Workplace Health and Safety Act 1995 by not providing a lifting hoist. The primary legal issues were whether the defendant could foresee the risk of injury, whether there was a breach of duty, and the extent of the plaintiff's damages.

The court considered whether the defendant could reasonably foresee the risk of injury to the plaintiff as required by section 312(1)(b) of the Workcover Queensland Act 1996. It was established that the defendant had a duty under section 28(1) of the Workplace Health and Safety Act 1995 to ensure the safety of its employees. The court examined the existence of advisory standards and the onus of proof on the defendant to discharge its obligations under section 26 or to prove a defence under section 37 of the Act. The court found that the risk of injury was reasonably foreseeable, and the defendant did not take adequate measures to prevent it, thereby breaching its duty.

The court awarded judgment to the plaintiff, assessing her damages comprehensively. It took into account the plaintiff's previous spinal injuries, her continuous pain since the incident, and her inability to continue working as a nurse. The court considered the implications of sections 317 and 315(b) of the Workcover Queensland Act 1996 in determining the amount of future economic loss and the availability of damages for gratuitous services. The final judgment awarded the plaintiff a lump sum payment of $489,657.05.