Stavrakijev v Ready Workforce - [2018] VSC 690

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

COMMON LAW DIVISION
PERSONAL INJURIES LIST

S CI 2016 00797

ICO STAVRAKIJEV	Plaintiff
v
READY WORKFORCE (a division of CHANDLER MACLEOD PTY LTD) and HOLCIM (AUSTRALIA) PTY LTD	Defendants

---

JUDGE:	Keogh J
WHERE HELD:	Melbourne
DATE OF HEARING:	12-16, 19-23, 26-28 February, 1, 2, 5, 6 March 2018
DATE OF JUDGMENT:	13 November 2018
CASE MAY BE CITED AS:	Stavrakijev v Ready Workforce & Anor
MEDIUM NEUTRAL CITATION:	[2018] VSC 690

---

NEGLIGENCE – Workplace injury – Plaintiff injured at work when he fell down a set of stairs leading from a raised section of plant to the factory floor – Whether labour hire employer breached its duty of care – Whether host employer breached its duty of care – Contributory negligence not found – Contribution – Wrongs Act 1958 (Vic) s 24(2) – Zealley v Liquorland (Aust) Pty Ltd & Anor [2015] VSC 62 (5 March 2015) – Papadopoulos v MC Labour Hire Services Pty Ltd (No 4) (2009) 24 VR 655.

---

APPEARANCES:	Counsel	Solicitors
For the Plaintiff	M Hartley QC with L Allan	Shine
For the First Defendant	R Middleton QC with N Dunstan	Lander & Rogers
For the Second Defendant	A Ingram with G Worth	Sparke Helmore

HIS HONOUR:

Introduction

In 2011 the plaintiff, Ico Stavrakijev, was injured at work when he fell down a set of stairs leading from a raised section of plant to the factory floor. Mr Stavrakijev worked as a labourer at a concrete pipe manufacturing plant operated by the second defendant, Holcim (Australia) Pty Ltd (‘Holcim’). He was employed by the first defendant, Ready Workforce Pty Ltd (‘Ready Workforce’), which was a labour hire firm. He brings this action alleging there was negligence by each defendant, and breach of duty as occupier by Holcim, which was a cause of the fall and his injuries.

The stairs which Mr Stavrakijev fell down were made of checker plate steel and comprised of a landing at the top, with three steps leading to the concrete factory floor below. Mr Stavrakijev claimed that as he stepped onto the landing to go down the stairs he slipped and fell. He says there was water, debris and oil from the manufacturing process on the landing surface. He alleges water, debris and oil on the landing, the frequency with which he had to go up and down the stairs, the speed at which he had to work, and the lack of a handrail on the right side of the stairs all contributed to him slipping and falling.

Ready Workforce denied liability for the fall and Mr Stavrakijev’s injuries. It submitted it took reasonable steps to identify and respond to risks to its employees at Holcim’s workplace, nothing more was required to discharge its duty to Mr Stavrakijev, the work place and systems were under the direction and control of Holcim, and any recommendations which it might have made in relation to the stairs or the work…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Stavrakijev v Ready Workforce

Details

AGLC: Stavrakijev v Ready Workforce [2018] VSC 690
Case: [2018] VSC 690
Decision Date: 13 November 2018

CaseChat Overview and Summary

In the matter of Stavrakijev v Ready Workforce, the plaintiff, Stavrakijev, sought compensation for injuries sustained at his place of employment. The injury occurred when Stavrakijev fell down a set of stairs that led from a raised section of plant to the factory floor. The primary legal issue was whether the labour hire employer, Ready Workforce, breached its duty of care, as well as whether the host employer, the entity for whom Stavrakijev worked, similarly breached its duty of care. Additionally, the court needed to determine whether Stavrakijev was guilty of contributory negligence and, if so, to what extent.

The court examined the circumstances surrounding the accident and the duties owed by both employers. It considered the statutory obligations under the Occupational Health and Safety Act 2004 (Vic) and relevant case law, including Zealley v Liquorland (Aust) Pty Ltd & Anor and Papadopoulos v MC Labour Hire Services Pty Ltd (No 4). The court concluded that both the labour hire employer and the host employer were indeed under a duty to ensure the safety of the workplace, which included providing adequate safety measures around the stairs. However, the court found no evidence that Stavrakijev was contributory negligent. Therefore, the issue of contribution under the Wrongs Act 1958 (Vic) did not apply.

After weighing all the evidence and applying the relevant legal principles, the court found that both the labour hire employer and the host employer had breached their respective duties of care, leading to Stavrakijev's injuries. The court awarded damages to Stavrakijev, considering the extent of his injuries and the impact on his life. The court also noted that no contribution should be made by Stavrakijev as he was not found to be contributory negligent.

Orders