Pollard v Baulderstone Hornibrook Engineering Pty Ltd

The case of *Pollard v Baulderstone Hornibrook Engineering Pty Ltd* concerned an appeal to the New South Wales Court of Appeal regarding an employee's injury sustained at a third-party worksite. The appellant, Mr. Pollard, was injured when he slipped on wet metal rails in a truck tyre wash bay. He was employed by a labour hire firm and was required to work at various sites, including those occupied and controlled by third parties like the respondent. The dispute centred on the extent of liability between Mr. Pollard's employer and the third-party site occupier for his injuries.

The primary legal issues before the Court of Appeal were whether Mr. Pollard was contributorily negligent in failing to take reasonable care for his own safety, and the respective liabilities of the employer and the third party for the appellant's injuries, particularly in light of the employer's non-delegable duty of care to its employees. The court also considered the appropriate assessment of damages, including past and future economic loss, and whether a buffer was appropriate given the appellant's limited prior remunerative employment.

The Court of Appeal found that Mr. Pollard was not contributorily negligent. However, it determined that the employer's system of work was deficient as it did not adequately address the risks present at third-party sites. The employer's duty required it to implement measures such as warnings or training to ensure the employee reported dangerous conditions and sought instructions. Consequently, the employer was found notionally liable for 20 per cent of the appellant's injuries. The court also adjusted the primary judge's assessment of damages, increasing the total award and making specific orders regarding the costs of the appeal and a certificate under the Suitors' Fund Act.