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Safety is always the employer’s responsibility

Williams v Metcash Trading Limited [2017] NSWDC 154 (23 June 2017)

The worker was employed by a labour hire company. That company provided the worker’s services to a third party, Metcash Trading Limited (‘Metcash’).

The worker was injured whilst working at Metcash’s premises. The worker made a claim against Metcash, alleging that Metcash was responsible for his injury.

Metcash denied that it was liable for the worker’s injury. Metcash further argued that the worker’s employer was liable for the worker’s injury.

The District Court held that Metcash was partially responsible for the worker’s injury. However, the Court also held that both the worker’s employer and the worker himself contributed to the injury. 

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