Recent Decisions

Employer Liability for COVID-19 Vaccine Side Effects
COVID-19 Update

Public Liability Insurer Fails to Establish Employer Negligence 
Turner v Carrington Ginning Pty Ltd (NSWSC 2021)

Key Takeaways

• An employer may not be held liable if there is an adequate safety system in place, which the worker did not comply with.
• Any inconsistencies in the worker’s evidence as to the mechanism of injury should be carefully scrutinised.

Brief Facts

The worker was employed by T&FS Woods Pty Ltd (the employer). He was responsible for transporting cotton bales using a B-double truck and trailer to the premises of the defendant, Carrington Ginning Pty Ltd (Carrington).

Key Takeaways

As more employers encourage or mandate employees to have a COVID-19 vaccine, they should be aware of the potential workers compensation liability for any side effects suffered by staff that result in an incapacity for work and/or the need for treatment.

Any claims for COVID-19 side effects require assessment on their own facts to determine whether the particular side effects suffered by an employee constitute an injury within the meaning of the Workers Compensation Act 1987 (the Act).

Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145

Key Takeaways

It is well established that a subpoena to produce must have a ‘legitimate forensic purpose’.

The NSWCA has now confirmed that if a document sought under a subpoena is ‘apparently relevant’ to an issue in a proceeding, it will satisfy the ‘legitimate forensic purpose’ test, and must be produced.