Puppy Fence Incident: Tribunal Rules in Favor of Remote Worker

1

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

Share this news item:

Insurance News

Clear

Rising Life Insurance Coverage Highlights Persistent Knowledge Gap 23 May 2025: Paige Estritori New findings from NobleOak reveal an upward trend in life insurance coverage among Australians, alongside a persistent gap in understanding of fully underwritten policies. According to the NobleOak Life Insurance Pulse Report, 60% of Australians aged 30 to 60 now hold life insurance, a noticeable increase from 55% the previous year. - read more

Ombudsman's Decision Favors Claimants in Solar System Dispute 23 May 2025: Paige Estritori Homeowners grappling with damaged solar power systems are set to have a substantial portion of their repair costs reimbursed. This follows a significant ruling where an ombudsman overruled the insurer IAG's application of an electronic malfunction exclusion in the claim process. - read more

AFCA Upholds Pause on QBE Claim but Dismisses Fraud Allegation 21 May 2025: Paige Estritori The Australian Financial Complaints Authority (AFCA) has ruled on a dispute involving insurer QBE and a vehicle damage claim. While QBE has been permitted to halt the processing of the claim until the policyholder, a company director, provides additional information, the fraud allegations levied against the claimant remain unsubstantiated. - read more

AFCA Upholds Policyholder's Claim, Dismisses Fraud Allegation in Car Theft Case 19 May 2025: Paige Estritori The Australian Financial Complaints Authority (AFCA) has dismissed allegations of fraud against a policyholder by Auto & General Services following an unsatisfactory investigation related to a stolen and burnt-out vehicle. The ruling in favour of the claimant highlights procedural gaps in the insurer’s investigation. - read more

Asgard Announces Significant Hike in Insurance Premiums 16 May 2025: Paige Estritori Asgard, the investment platform owned by Westpac, has announced substantial increases in insurance premium rates, ranging from 0.7% to 94.6%. This decision comes in collaboration with AIA Australia following a review of its insurance offerings. The changes, which will affect clients with Asgard Personal Protection Packages, are attributed to rising costs, including claims expenses. - read more

ClearView Transitions to Pure-Play Life Insurance, Emphasizes IFA Ties 14 May 2025: Paige Estritori ClearView, a publicly-listed insurer, has reaffirmed its commitment as a 'pure play life insurance company' following its strategic exit from the wealth management sector. This transition, finalized in March 2025, completes a multi-year effort pivoting the company towards becoming a technologically advanced life insurance firm. - read more