Another monumental lack of due workplace process has cost an employer $600,000.
Yes, believe it or not, but there were so many errors by management in this matter that it beggars description.
The background to the matter is the following;
An employee was attacked from behind by a co-worker who punched him numerous times in the back of the head and face until he was restrained by other workers.
The employee suffered physical injuries, as well as PTSD with a 22% impairment because of the attack.
The Queensland District Court heard a claim by the employee that the incident was caused by the employer’s negligence in failing to provide him with a safe place of work.
Several events should have sent warning bells to the employer, however the greatest signal of concern should have occurred at the point of employment. The attacker had a criminal history involving 4-5 years term of imprisonment after being convicted of grievous bodily harm with intent, racially motivated, and three counts of assault occasioning bodily harm. Further he also had a history of being involved in violent and argumentative incidents in his previous employment.
The victim of the attack had informed management of several threats to his welfare and the manager had witnessed angry exchanges. A week prior to the attack the victim had requested to be moved from the back to back workplace situation.
The Judge said the warning events collectively should have had a cumulative effect for the employer.
Further that knowing about the workers violent history should have prompted an assessment of the risk to the victim employee.
These circumstances gave rise to a duty of care to take reasonable steps to avoid the foreseeable risk of violence by [the co-worker] to the [employee].
Hindsight is not a factor in this reasoning as the employer knew of the circumstances and events prior to the attack.
The remedial action to avoid the risk was simple and inexpensive, thus failure to act was a breach of duty and damage followed.
The employer was ordered to pay the employee $ 584,995 in general and other damages.
(Colwell v Top Cut Foods Pty Ltd ACN 650281 {2018} QDC 119 (27 June 2018)
Policies and Procedures clearly enunciated and acknowledged through Procedure Rock ensures this farcical in a workplace cannot occur with a system in place for management.