A recent New South Wales Supreme Court (NSWSC) case has illustrated the importance of employer and employee working relationships and the extent of the employer’s duty of care for events outside of work hours.
Troy Matinca (Employee) was employed as a coal miner by Coalroc (Employer) and as part of his employment duties worked extensive hours, including consecutive three (3) day shifts. The coal mine was situated some 270km’s from the Employee’s residence and this was about a three (3) hour drive. After consecutive shifts, the Employee was driving home from the mine site when the Employee’s car veered off the road and crashed into a tree, causing extensive injuries, including broken bones. The Employee commenced proceedings seeking damages against the Employer for serious personal injury.
The Employer argued that procedures were in place whereby the employees would submit a “personal management travel plan” detailing any controls that would be implemented to ensure that the employee was “fit for work.” However, the Employer had not requested this Employee to complete such a plan, and as such, this had not been reviewed/approved by the Employer. Ultimately, the court was of the view that such a plan would have included rest breaks for the Employee and would have allowed him to make it home safely.
The Employee was eventually awarded $1.13 Million in damages for the serious personal injuries that he sustained in the road accident. Damages were awarded by the court on the basis that “work-related fatigue was a significant factor” in causing the accident and ensuing injuries. The court determined that the Employer was negligent for failing to take precautions to manage the risk of fatigue-induced traffic accident after working three consecutive twelve (12) hour shifts.
If you have any questions relating to an employment matter, the team at Baker Love Lawyers are well placed and ready to assist. Please email me directly at jtwilson@bakerlove.com.au or call our office on (02) 4944 3322.
