Firm News

In Ward v Endeavour Coal Pty Ltd, the NSW Supreme Court confirmed that where a host employer assumes full practical control of a labour hire worker, vicarious liability transfers to the host – not the labour hire company. Perhaps of even more significance, the decision also confirms that an employer’s non-delegable duty of care is strict: if a worker fails to take reasonable care, the employer is in breach, regardless of any personal fault on its part. For public liability insurers and corporate insureds, the case provides a clear framework for risk assessment and early investigation strategy in labour hire injury claims. Milton Latta and Alex McGrath of Carter Newell examine the key issues and their practical implications.