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Employer's duty of care to independent contractors

Excerpts from this article first published in ‘Human Resources’ Magazine, Issue 102, 18 April 2006

A recent decision has held that a Company can owe a common law duty of care to protect an independent contractor from the criminal conduct of a third party.

In this case, an independent contractor, was engaged as a filler by a soft drink Company, to refill soft drink vending machines and collect money from the machines. Whilst restocking a vending machine, the contractor was shot during an attempted robbery. The contractor sought damages, alleging the Company had breached its duty of care in not providing him with a safe system of work.

Although the Court found that the Company had breached its duty of care, it found that there was not a sufficient connection between the Company’s breach and the cause of the contactor’s injuries. The Court held that whilst the first shot by the robber may not have been irrational, the second and subsequent shots (which were in broad daylight and in front of witnesses) were irrational. In the circumstances the Court held that the Company’s failure to provide training to the contractor and to provide additional security, would not have prevented the shooting.

HR Tip

Organisations should be aware that they may, in certain circumstances, owe a duty of care to persons they engage as independent contractors. Regardless, organisations have a statutory duty under occupational health and safety laws, to protect the health, welfare and safety of independent contractors in their workplace. As such, all organisations should ensure that their occupational health and safety policies, systems and procedures take account of independent contractors which are engaged by the business.

Kelly Godfrey
Senior Associate
Australian Business Lawyers