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Introduction
In a landmark case, a City of Charles Sturt council employee in Adelaide has successfully claimed workers’ compensation after sustaining injuries from a fall while working from home. The incident highlights the evolving nature of workplace safety in the era of remote work.
Background
The employee was authorized to work from home and was looking after a colleague’s puppy. She had erected a pet fence to separate the puppy from her pet rabbit. While getting up to make coffee during a break, she tripped over the fence and fell, sustaining injuries.
Legal Proceedings and Findings
The employee’s initial compensation claim was rejected, but she successfully appealed the decision in the SA Employment Tribunal. The tribunal found that the fall occurred during an authorized break at her “place of employment” (her home, in this case) and that her injuries arose from her employment.
Key Considerations
- The council encouraged employees to take regular breaks and move around, even while working from home.
- The fact that the employee created the workplace hazard herself did not preclude a finding that the injury was employment-related.
- The tribunal did not accept claims of ongoing knee pain due to inconsistencies in the employee’s evidence.
Conclusion
This case sets a precedent for workplace safety considerations in the context of remote work. It highlights that employers may be liable for injuries sustained by employees during authorized breaks, even when working from home. The decision also emphasizes the importance of clear communication and guidelines regarding workplace safety in remote work settings.