WorkSafe seeks to recoup funds from Spotless following compensation payout

WorkSafe is seeking to recover more than $800,000 in compensation from a catering company after a Geelong Grammar employee slipped and required surgery.

Geelong Grammar School.

WorkSafe is seeking to recover more than $800,000 in compensation from a catering company after a Geelong Grammar employee slipped and required surgery.

Brett McGinnes was working as a property manager when he slipped and fell in the dining hall of the prestigious Corio boarding school in March, 2016.

McGinnes made a WorkSafe claim against the school which was accepted, and also claimed damages from his employer and catering company Spotless.

He was able to settle his damages claim prior to a trial.

The Victorian WorkCover Authority (VWA) brought about a proceeding against Spotless, ordering them to pay for the costs they had provided McGinnes while he was not working.

The court heard the parties agreed the compensation paid so far would be in excess of $800,000.

In the Supreme Court, Justice Jacinta Forbes determined whether there was legal liability to pay damages and to determine the extent, expressed as a percentage, where Spotless caused or contributed to the injury.

The court heard Spotless catering or cleaning staff were responsible for inspecting the dining hall floor for spills and cleaning them up.

Helen Clarke, a Spotless employee, said the floors would be cleaned after breakfast and after that time staff would spot clean if needed.

She said that during the lunch service the process for cleaning spills was that a teacher or student would alert Spotless staff and a member of the team would come out and clear the spill.

The VWA submitted that while Spotless had a system of cleaning following the breakfast and lunch service, it did not have an adequate system of inspection for the detection and cleaning of food spills during meal services.

Justice Forbes said the breach of duty by Spotless was a systemic breach, which was a reliance primarily on third party reports and a failure to have a system that responded to the foreseeable risk of spillage in the dining hall.

“Given the non-delegable nature of the school’s duty of care I do not accept the submission that its liability is small by comparison to that of Spotless,” Justice Forbes said.

“While there is evidence that the school took a very strict approach to oversight of cleaning … there is nothing to suggest that the school turned its mind to ensuring Spotless staff were taking reasonable care to address the risk of injury from spillage.”

The matter will return to court at a later date.

Originally published as WorkSafe seeks to recoup funds from Spotless following compensation payout