Kozjak v Fairfax Community Newspapers Pty Limited

The appellant, Kozjak, brought proceedings against the respondent, Fairfax Community Newspapers Pty Limited, alleging negligence in relation to an unsafe place of work. The matter was heard in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the respondent had breached its duty of care to the appellant by failing to provide a safe system of work, specifically concerning the use of a guillotine machine. The court was required to consider the extent of an employer's duty to take reasonable steps to prevent foreseeable harm to its employees.

The Court of Appeal upheld the primary judge's finding that the respondent had not been negligent. Their Honours reasoned that while the guillotine was inherently dangerous, the employer had taken reasonable precautions to mitigate the risks. These precautions included providing guards for the machine, instructing employees on its safe operation, and supervising their use. The court found that the employer was not required to go further and implement additional safety measures, such as a two-handed operating mechanism, as the existing measures were deemed sufficient to discharge the duty of care owed to the employee. The employer's duty was to take *reasonable* steps, not to eliminate all risk.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.