Glynn v Challenge Recruitment Australia Pty Ltd

Glynn (the plaintiff) brought proceedings against Challenge Recruitment Australia Pty Ltd (the defendant), a labour hire organisation, following an injury sustained by the plaintiff while working in unsafe conditions. The plaintiff alleged that the defendant owed a duty of care, both a non-delegable duty and a direct duty to instruct, which it had breached. The defendant challenged the assessment of damages. The matter was heard in the Court of Appeal of New South Wales.

The central legal issues before the court were whether section 151Z of the *Workers Compensation Act* imposed proportionate liability on joint tortfeasors to the plaintiff, and whether the defendant, as a labour hire organisation, had breached its duty of care to the plaintiff by failing to ensure safe working conditions or provide adequate instructions. The court also considered challenges to the assessment of damages.

The court's reasoning focused on the nature of the duties owed by a labour hire organisation to its employees. It was determined that such an organisation owes a direct duty of care to its employees to take reasonable steps to ensure their safety, which includes a duty to provide adequate instructions and supervision. This duty is not necessarily discharged by the host employer's obligations. The court analysed the application of section 151Z of the *Workers Compensation Act* in the context of joint tortfeasors and the apportionment of liability.

The court directed the parties to deliver short minutes to give effect to its reasons within seven days, with liberty to apply in the event of disagreement.