Reilly v Tobiassen

The parties involved in the case were Reilly, the appellant, and Tobiassen, the respondent. The dispute revolved around the classification of Reilly as either an employee or a self-employed person and his responsibility under the Occupational Health and Safety Act for the death of a person in a workplace involving multiple contractors and trades. The case was heard in the court of appeal.

The legal issues before the court were whether Reilly was an employee or a self-employed person, whether the construction of the building was reasonably practicable, and whether Tobiassen was liable for the death under the Occupational Health and Safety Act. The court needed to determine the extent of Tobiassen's responsibility for ensuring the safety of the workplace and whether he had failed to take all reasonably practicable measures to prevent the death.

The court found that Reilly was a self-employed person, not an employee, and that Tobiassen had failed to take all reasonably practicable measures to prevent the death. The court held that Tobiassen was liable for the death under the Occupational Health and Safety Act. The court reasoned that Tobiassen, as the registered builder, had a duty to ensure the safety of the workplace and that he had not taken all reasonably practicable measures to prevent the death. The court concluded that Tobiassen was liable for the death and that the appeals should be allowed.