Sussan Corporation (Aust) Pty Ltd v McBride

Sussan Corporation (Aust) Pty Ltd sought to appeal against an arbitration decision which found that it was liable for damages caused by a forklift truck incident in which the Respondent, Mr McBride, was injured. The Full Bench of the Fair Work Commission heard the appeal, with the primary question being whether the injury sustained by Mr McBride was caused by the negligent actions of Sussan Corporation. The Full Bench concluded that the appeal should be dismissed.

The central legal issue was whether the injury sustained by Mr McBride was a result of the negligent actions of Sussan Corporation, or if it was caused by an unforeseeable event. The appeal hinged on whether the Arbitrator correctly found that the injury was caused by the negligent actions of Sussan Corporation. The Full Bench found that the Arbitrator's decision was not flawed and that the injury was indeed caused by the negligent actions of Sussan Corporation.

The Full Bench found that the Arbitrator's decision was supported by substantial evidence and that there was no error in the application of the law. The Full Bench found that the Arbitrator had correctly identified that Sussan Corporation had breached its duty of care by failing to provide adequate training and supervision to the employee who operated the forklift truck. The Full Bench also found that the injury was a direct result of this breach of duty. The Full Bench concluded that the appeal should be dismissed and that the decision of the Arbitrator should be confirmed.

The Full Bench ordered that the decision of the Arbitrator dated 1 September 2009 be confirmed, and that Sussan Corporation was to pay the costs of the appeal.