Kennedy v Queensland Alumina Limited

The plaintiff, Kennedy, commenced proceedings against his employer, Queensland Alumina Limited, following a workplace accident that occurred while he was breaking into pipework. A caustic solution came into contact with Kennedy's left heel and ankle, resulting in physical injury and post-traumatic stress disorder. Queensland Alumina Limited admitted liability but sought to reduce their liability by asserting contributory negligence on the part of Kennedy. The court was required to determine whether the defendant had provided adequate training to the plaintiff to safely break into the pipework, whether the plaintiff was contributorily negligent, and the extent to which the plaintiff was a credible witness.

The court found that the defendant had not provided adequate training to the plaintiff, and therefore, the plaintiff could not be found to be contributorily negligent. The court also found that Kennedy was a credible witness. Regarding the assessment of damages, the court held that the lost opportunity to earn a higher income in Western Australia should be taken into account. However, the court determined that the travel allowance portion of the plaintiff’s potential income in Western Australia should be excluded.

The court found in favour of the plaintiff and awarded Kennedy damages in the sum of $191,061.91. This sum took into account the lost opportunity to earn a higher income in Western Australia, less the travel allowance that would have been excluded from the plaintiff's potential income. The court held that the defendant was liable for the full amount of the damages awarded to the plaintiff.