Employers liability Breach of Duty (Tort Help)

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A$AP Chadi
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Hey guys really struggling in terms of structuring my answer for breach of duty when it comes to Employers liability.

Heres the question 1. Advise Barry of his prospects of proving that Kaboom Ltd breached the duty of care it owed him, as any employee, to protect his physical wellbeing.

Context:

Got hit with debris during a live broadcasted demolition because employer told him not to wear helmet as it would look unprofessional for the news crews. Several of Mr Slate’s employees, including Barry, expressed concerns about the decision that employee’s should not wear hard hats; however, they are advised by Mr Slate that it was an order and there was nothing he could do about it.

Two employees (Barry and Jerry) sent 5 mins before demolition to do final checks and Jerry reported back to Mr Slate (employer) giving the all clear but this was inaccurate as Barry was still inside doing his checks. Barry was aware there is usually a siren few minutes before explosion but did not occur due to news crew hitting the button when cued. As Barry left the building and walked to safety zone he was hit by debris from the explosion.



Two things I understand when approaching the question:

- what was the standard

- was it breached


Im not allowed to mention:

a. Whether Barry suffered actionable harm;
b. Whether Kaboom Ltd owed Barry a duty of care;
c. Whether Kaboom Ltd was the cause of any harm Barry suffered in the circumstances; or
d. Whether Kaboom Ltd has any defences he can rely on in the circumstances.

I don't understand how to set the standard for an employer and how to go about structuring it???

How would you guys try and structure it?

What standards should I use?

Where does the four components of safe working environment fit into all this?
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Catherine1973
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Isn’t it just a standard negligence example. Established duty as employer /employee and then show they Breached that standard of a reasonable employee (that would we where your 4 safe things come in)
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A$AP Chadi
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(Original post by Catherine1973)
Isn’t it just a standard negligence example. Established duty as employer /employee and then show they Breached that standard of a reasonable employee (that would we where your 4 safe things come in)
Ok so lets say duty of employer is to take reasonable care and the standard is of that of a reasonably prudent employer. The employer then breaches that standard when they fall below the standard of the 4 areas of a safe working environment???
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Catherine1973
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Pretty much, plus any obvious stupid acts in the question.
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A$AP Chadi
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(Original post by Catherine1973)
Pretty much, plus any obvious stupid acts in the question.Submit reply
Thank you so much that really helps with my structure. I literally had the four areas mixed in with the standard of the employer making it a right mess.
Last edited by A$AP Chadi; 1 month ago
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