When carrying out tasks which can be categorized as “every day” and are not inherently dangerous. In Fong Yuet Ha v. Success Employment Services Limited (CACV 100/2012), the Plaintiff alleged that the failure to provide her with a step ladder led to her using a plastic stool to reach a cabinet in the Defendant’s kitchen. The Judge in the Court of First Instance held that she could be trusted to exercise common sense in the discharge of her duty without specific instruction or reminder. The Court of Appeal dismissed the Plaintiff’s appeal holding that there was no need for the employer to prescribe a safe system of work or give specific advice for such an everyday act that could reasonably be trusted to the common sense of the employee to carry out safely.
In Mohammed Waheed Khan v. Rising Sun Transportation Company Ltd (HCPI 241/2010), the Court of First Instance found that the employer had been negligent in failing to devise a safe system of work and in failing to provide effective supervision to prevent an unsafe method of work being adopted by its employees. However, similar to the reasoning in Fong Yuet Ha above, a failure to exercise common sense led to a finding of contributory negligence leading to the award being reduced by 30 percent.
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