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.

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.

Share this news item:

Insurance News

Clear

Significant Reduction in Farm Liability Claims Reflects Enhanced Safety Practices

25 Jan 2026: Paige Estritori

Recent data from WFI Insurance indicates a substantial 75% decrease in farm liability claims over the past year, suggesting that Australian farmers are adopting more effective safety measures. This decline is particularly notable in incidents involving falls from height, which have reached their lowest level in four years. - read more

Steadfast Unveils Prevail: A New Era in High Net Worth and Farm Insurance

17 Jan 2026: Paige Estritori

In a significant development for the Australian insurance landscape, Steadfast has announced the launch of Prevail, a new specialist agency designed to cater to high net worth individuals and the farming sector. This initiative brings together three well-established underwriting agencies-Mansions, Dawes, and Argis-under a unified brand, aiming to provide comprehensive and tailored insurance solutions. - read more

Harland Green Launches Comprehensive All-Risk Insurance for Large-Scale Farms

17 Jan 2026: Paige Estritori

Harland Green, a newly established Lloyd's coverholder, has introduced an all-risk farm insurance package specifically designed for large commercial farming operations in Australia. This initiative aims to address the complex and evolving needs of the agricultural sector by offering comprehensive coverage that encompasses various aspects of farm operations. - read more

Allstate Underwriting and Mitsui Sumitomo Join Forces to Strengthen Farm Insurance Offerings

17 Jan 2026: Paige Estritori

Allstate Underwriting Agencies has announced a strategic partnership with Mitsui Sumitomo Insurance (MSI) to enhance its capacity in providing insurance solutions for medium, small, and hobby farms across Australia. This collaboration is set to bolster Allstate's presence in the farm pack market, offering tailored products that meet the specific needs of these farming segments. - read more

Rural Affinity and Munich Re Strengthen Agricultural Insurance in Australia

09 Jan 2026: Paige Estritori

In a significant development for Australia's agricultural sector, Rural Affinity has renewed its partnership with Munich Re Specialty - Global Markets under a new five-year agreement. This collaboration, which began in 2006, is set to enhance the availability and scope of agricultural insurance products across the country. - read more

WFI Insurance Highlights Significant Drop in Farm Liability Claims

09 Jan 2026: Paige Estritori

WFI Insurance has reported a notable decrease in farm liability claims across most categories, signaling a positive trend in safety practices within the Australian agricultural sector. The insurer observed a 75% reduction in falls from height over the past year, alongside a 30% decline in impact injuries, marking the lowest level in four years. - read more

Click for more Insurance News