A damages dispute has resolved in favour of the employer, with the $245,000 penalty being overturned. A worker seriously injured his knee on a workplace cupboard door handle under his work bench. On Appeal the employer was not found to be negligent if only minor injuries are foreseeable, , despite the injury to the worker in question being severe.
In considering whether the employer breached its duty of care and in allowing the appeal, his Honour Muir JA of the Court of Appeal stated “I do not accept that a reasonable employer in the position of the appellant would have foreseen that a failure to remove the subject handles or take other remedial action in relation to them would have involved a risk that employees using the bench could sustain an injury more severe than minor bruising. Nor do I accept that such an employer, if he or she perceived a risk of injury, having regard to the magnitude of the risk, the degree of probability of its occurrence and the other matters …, would have changed the handles or taken other remedial action.”