Cotton On Group Services Pty Ltd v Golowka

The case of Cotton On Group Services Pty Ltd v Golowka involved an injured worker, Golowka, who sustained injuries to his left knee and leg while pushing a trolley at work. The dispute centred on whether the employer, Cotton On Group Services Pty Ltd, breached its duty under occupational health and safety laws by failing to implement a different system of work that could have reduced the risk of injury. The case was heard in the Supreme Court of Victoria.

The primary legal issue the court had to decide was whether the judge had a sufficient basis for inferring that a different system of work would have reduced the risk of injury to Golowka. Additionally, the court examined whether there was sufficient evidence to support the finding that the employer's breach of the Occupational Health and Safety Regulations 2007 caused the injury. The court was required to assess the adequacy of the reasons provided by the judge for finding causation and breach.

In its reasoning, the court held that the judge did not have a sufficient basis for inferring that a different system of work would have reduced the risk of injury to Golowka. The evidence presented did not support the finding that the employer's breach caused the injury. The court found the reasons for finding causation and breach to be inadequate, leading to the conclusion that the employer's appeal should be allowed. The leave to appeal was granted, and the appeal was subsequently allowed.