Maynard v Rover Mowers Ltd

The plaintiff, Maynard, brought an action against Rover Mowers Ltd, his former employer, alleging that he sustained a back injury while lifting machinery parts at the defendant's factory. Maynard sought damages for the breach of a statutory duty under section 9 of the Workplace Health and Safety Act 1989. The trial judge dismissed the action, finding that Maynard's evidence regarding the circumstances of the injury was not credible and that the employer was not liable for the injury.

The primary legal issue before the court was whether the employer owed a duty of care to the employee under the Workplace Health and Safety Act 1989. The court considered the relevance of the Code of Practice on "manual handling" and whether any act or omission of the employer caused the plaintiff's injury. The court also examined whether the employer could have reasonably avoided the deterioration that took place in Maynard's back. The trial judge concluded that the employer did not breach any statutory duty, as the plaintiff's injury resulted from an idiosyncratic activity that was not reasonably foreseeable.

The court agreed with the trial judge's assessment that Maynard's evidence was not credible and that the employer did not breach any statutory duty. The court held that the employer was not liable for the injury, as it was not practicable for the employer to have avoided the deterioration that took place in Maynard's back. The court also found that the Code of Practice on "manual handling" was not applicable in this case, as the plaintiff's injury did not result from a foreseeable act or omission of the employer. The appeal was dismissed with costs.