Employment and Labor Law

By: Matthew Payten and Ross Byrnes

The duty of care owed by the hirers of temporary labour, often referred to as ‘host employers’, to labour hire employees was spelt out in the oft-cited 2003 New South Wales Court of Appeal decision of TNT Australia Pty Ltd v Christie (TNT).¹ In this regard, the duty of care owed by a host employer to a labour hire worker is often analogous to that owed by the actual employer, given that the host employer exercises the day to day control over the labour hire worker’s duties. TNT has, since that time, effectively become the starting point for the apportionment of liability between a host employer and the labour hire company as the actual employer in labour hire injury claims. Separately, in the decision of Modbury Triangle Shopping Centre Pty Ltd v Anzil,² the High Court made clear that an occupier will not owe a duty of care to protect entrants against the (unlawful) actions of third parties save in very limited circumstances where there was special knowledge or control.

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