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.
In a strategic move to cater to the growing number of Australian cruise enthusiasts, Allianz Partners has unveiled a cruise-specific travel insurance product in collaboration with Norwegian Cruise Line (NCL). This initiative aims to provide comprehensive coverage tailored to the unique needs of cruise travellers. - read more
Recent findings from the PwC Insurance Banana Skins Survey reveal that Australian insurers are trailing behind their global counterparts in cybersecurity preparedness. This lag is particularly concerning given the rapid evolution of cyber threats, especially those enhanced by artificial intelligence (AI). - read more
Australia's general insurance industry has reported a remarkable financial performance, achieving a 19% return on equity (ROE) for the 2025 financial year-the highest in a decade. This significant milestone reflects a combination of strategic premium increases and favourable market conditions. - read more
The Australian life insurance market is on a trajectory of steady growth, with projections indicating an increase in gross written premiums (GWP) from $26.2 billion in 2025 to $30.5 billion by 2029. This represents a compound annual growth rate (CAGR) of 3.9%, reflecting a positive outlook for the sector. - read more
The Insurance Council of Australia (ICA) has recently released a white paper highlighting the urgent need for reforms to state and territory civil liability laws, which have remained largely unchanged for nearly 25 years. These outdated laws are contributing to significant increases in public liability insurance premiums, affecting a wide range of businesses across the nation. - read more
Life insurance serves as a crucial safety net, guarding your loved ones against the unforeseen. Just as you would take care of your health through regular check-ups, it is equally important to ensure that your life insurance policy remains in sound condition to provide the necessary protection. - read more
Life insurance is an essential financial protection that provides peace of mind to policyholders and their loved ones. The premiums you pay are determined by various factors, including age, health, lifestyle, and occupation. - read more
For many Australian families, the concept of estate planning might evoke imagery of vast wealth and complex legal documents, reserved for the very affluent. However, this misconception overshadows the universal importance of having an estate plan, which at its core, is about ensuring your loved ones are cared for and your wishes are honored upon your passing—even if you don't consider yourself wealthy. - read more
Defining life insurance and its importance: Life insurance is a pivotal financial product designed to protect your loved ones from economic hardship in case of your untimely death. It acts as a safety net, ensuring that your family can maintain their standard of living, cover outstanding debts, and afford future expenses like education and retirement. - read more
When it comes to financial planning, life insurance often takes a backseat. Many married couples in Australia overlook its importance, thinking that it's not immediately necessary or that they can simply put it off for later. However, life insurance should be regarded as a cornerstone of a solid financial strategy. - read more
Knowledgebase
Insurance Deductible: the amount that an insured is required to contribute toward an insurance claim as stipulated in an insurance policy. Otherwise known as the "policy excess".
