Puppy Fence Incident: Tribunal Rules in Favor of Remote Worker
Puppy Fence Incident: Tribunal Rules in Favor of Remote Worker
1
The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.
In a recent decision, a tribunal supported a workers' compensation claim by a council employee, Lauren Vercoe, following an unusual workplace incident.
Vercoe sustained an arm injury at home after tripping over a fence intended to keep a puppy away from her pet rabbit, sparking a debate over remote work safety obligations.
The incident occurred while Vercoe was working from her home office-a sunroom shared with her rabbit. The metal barrier, about 60cm high, was set up to separate the animals. On September 19, 2022, during a workday morning, Vercoe's foot caught on the fence while heading to her kitchen to prepare a coffee, resulting in a fall that sent her to the Royal Adelaide Hospital.
Initially, her claim was rejected by the Local Government Association Workers' Compensation Scheme, questioning whether her job significantly contributed to the injury. However, the South Australian Employment Tribunal later ruled in Vercoe's favor. According to auxiliary deputy president Jodie Carrel, the situation fell within employment-related activities, referencing the council’s endorsement of short breaks for remote employees.
Presiding over the case, Carrel emphasized that taking coffee breaks is an ordinary and expected activity for employees, remarking, "Taking a coffee break is a likely act of an employee during the course of their working day." She noted that any intent Vercoe might have had to check on the puppy did not alter the compensable nature of the coffee break.
Moreover, Carrel criticized the employer for not fully ensuring the safety of Vercoe's home workspace, aside from a checklist, stating, "effectively abrogated its responsibilities" in safety oversight. While the council was unaware of the puppy fence setup, this did not disqualify the workers' compensation claim, because the legislation does not operate on fault.
Although the case highlighted a fracture in Vercoe's arm, the extent of her knee injury, which had prior ailments, was less clear-cut and remains contested. Her legal representation dismissed accusations of exaggeration, adding that she had returned to full duties fairly swiftly and actively worked to resume her routine.
The tribunal recognized that the knee was indeed injured but was cautious concerning the duration of any temporary impairment, which was noted not to extend past September 29, 2022.
The case underlines the nuanced challenges as more people work from home, blurring the lines between home environments and workplace regulations. Such incidents stress the need for evolving safety protocols in remote work settings to adequately protect employees under similar home-working conditions.
The original coverage of the situation was reported by Insurance News Magazine, spotlighting the legal implications of remote work safety and accident liability.
Published:Thursday, 31st Oct 2024 Source: Paige Estritori
Please Note: If this information affects you, seek advice from a licensed professional.
Recent findings from the PwC Insurance Banana Skins Survey reveal that Australian insurers are increasingly vulnerable compared to their global counterparts, particularly in areas of risk preparedness. The survey, which gathered insights from 698 insurance executives across 42 territories, indicates that Australian insurers scored 6.6% lower on the Preparedness Index than the global average. This gap underscores the pressing need for the Australian insurance sector to bolster its strategies against emerging threats. - read more
The Australian Medical Association (AMA) has raised concerns about the diminishing value of private health insurance for Australians. In its annual Private Health Insurance Report Card, the AMA highlights that the system is increasingly failing to provide value for money to the approximately 15 million Australians holding private health insurance policies. - read more
The Australian insurance market is witnessing a transformative shift as insurers adopt innovative solutions to address the escalating risks associated with natural hazards. The inaugural Property Catastrophe and Climate Governance Report by Global Insurance Law Connect highlights several key developments aimed at enhancing resilience and closing the protection gap. - read more
The Australian and New Zealand Institute of Insurance and Finance (ANZIIF) has unveiled the finalists for the 21st Australian Insurance Industry Awards, set to take place on Thursday, 21 August 2025, at the Star Event Centre in Sydney. These prestigious awards honour the outstanding achievements of individuals and organisations across the entire insurance value chain, highlighting the depth of talent, innovation, and dedication within the industry. - read more
In a significant regulatory action, Allianz Australia and its subsidiary AWP Australia have been fined $16.8 million for making false and misleading statements. The Commonwealth Director of Public Prosecutions imposed the fines following an investigation and referral by the Australian Securities and Investments Commission (ASIC). - read more
Trade insurance is an essential safeguard for subcontractors in Australia. It offers a safety net that protects against the uncertainties and inherent risks in the industry. Whether you're a plumber, electrician, or construction worker, having the right kind of insurance can mean the difference between financial stability and ruin. - read more
Insurance is a critical component for tradespeople in Australia, providing financial protection against a range of risks that can significantly impact your livelihood. Adequate insurance coverage ensures that you are protected against potential liabilities, damages, and unforeseen circumstances that could otherwise lead to substantial financial losses. - read more
Professional indemnity insurance (PI insurance) is a type of coverage designed to protect businesses and individuals who provide professional advice or services. It covers claims made against them for negligent acts, errors, or omissions in the performance of their professional duties. - read more
Trade insurance is an essential aspect of running a successful trade business in Australia. Whether you are a carpenter, electrician, plumber, or any other type of tradesperson, having the right insurance coverage protects you from unexpected risks and liabilities that could otherwise derail your operations. - read more
Being a tradesperson in Australia comes with its own unique set of risks. Whether you're an electrician, plumber, carpenter, or builder, having the right insurance coverage is crucial for protecting your livelihood and your peace of mind. Without adequate insurance, you could be financially devastated by accidents, theft, or property damage. - read more
'
Knowledgebase
Professional indemnity: An insurance that provides cover for liability incurred in the course of exercising a profession.
