Metcash Trading Limited v Gheorghe Scripcariu

Metcash Trading Limited appealed a decision of the District Court of New South Wales concerning a claim for damages for personal injury brought by Mr Gheorghe Scripcariu. Mr Scripcariu alleged that Metcash, his employer, had breached its duty of care by failing to provide a safe system of work, which led to him sustaining a back injury while performing lifting duties in a storage warehouse.

The Court of Appeal was required to determine whether Metcash had breached its duty of care to Mr Scripcariu. Specifically, the court considered whether Metcash had failed to establish, maintain, and enforce a safe system of work, including providing adequate instructions for lifting. This involved examining whether the employer's expectation of a "pick rate" encouraged unsafe lifting techniques, whether ongoing instruction was necessary, and whether the warehouse configuration rendered instructed safe lifting techniques impracticable, thereby constituting an unsafe system. The court also considered the adequacy of an instructional video, particularly in light of Mr Scripcariu's non-English speaking background.

The Court of Appeal upheld the finding of the District Court that Metcash had breached its duty of care. The judges reasoned that the employer's system of work, which included the pressure to maintain a pick rate and the physical layout of the warehouse, made it impracticable for employees to use the safe lifting techniques that had been instructed. The court found that the provision of an instructional video alone was insufficient, especially for an employee with limited English proficiency, and that Metcash had failed to establish, maintain, and enforce a safe system of work that adequately addressed the risks associated with the lifting tasks in the given environment.

The appeal was dismissed, and Metcash was ordered to pay Mr Scripcariu's costs.