Government Cleaning Services v Ellul

Government Cleaning Services (the appellant) appealed to the New South Wales Court of Appeal against a decision of the District Court of New South Wales. The dispute concerned the appellant's liability for injuries sustained by the respondent, Mr. Ellul, who was employed by the appellant as a cleaner. Mr. Ellul alleged that he suffered a back injury while performing his duties, and that the appellant had breached its duty of care to him.

The Court of Appeal was required to determine whether the appellant had breached its duty of care to the respondent by failing to provide a safe system of work, and if so, whether that breach caused or contributed to the respondent's injury. The court also considered the appellant's argument that the respondent's own negligence had contributed to his injuries.

The court found that the appellant had failed to provide a safe system of work, particularly in relation to the manual handling of heavy cleaning equipment. The evidence established that the appellant had not provided adequate training or supervision to its employees regarding safe lifting techniques, nor had it implemented measures to minimise the risk of injury from such tasks. The court applied the principles of negligence, holding that the appellant owed a duty of care to its employees to take reasonable steps to prevent foreseeable harm. The court also found that the respondent's own conduct did not amount to contributory negligence, as he had acted reasonably in the circumstances given the lack of proper instruction and supervision.

The appeal was dismissed, and the decision of the District Court in favour of the respondent was upheld.