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Judgment No. 2843

Decision

The complaint is dismissed.

Considerations 4 and 6

Extract:

As a result of slipping on liquid in the Office's underground car park, the complainant suffered a fracture of the leg.
"The complainant contends [...] that the Office breached the duty of care owed to its employees by failing to provide a safe work environment. He maintains that the Office was negligent in its cleaning and maintenance of the car park and claims that it should have been mopped instead of just swept on a weekly basis and that the security staff were not specifically trained to check for and report oil or water stains."
"Given the nature of the premises, namely a car park, it cannot be concluded that it was reasonable for the Office to take measures in addition to those that were in place at the time of the accident. In particular, it cannot be concluded that it should have arranged for the mopping rather than the sweeping of the floors. Moreover, it has not been established that, even if additional measures had been taken, they would have eliminated the risk of injury. Accordingly, negligence has not been established and the complaint must be dismissed."

Reference(s)

ILOAT Judgment(s): 435, 2533, 2804

Keywords

liability; general principle; organisation's duties; accident; service-incurred; invalidity; material damages

Consideration 3

Extract:

Contrary to the Internal Appeals Committee’s view, it is well settled that in order to extend an organisation’s liability beyond its liability under its no-fault regime, a claimant must prove negligence or the intentional breach of a duty (see, for example, Judgments 435, under 5, and 2533, under 6).
As the Tribunal stated in Judgment 2804, under 25:
“Negligence is the failure to take reasonable steps to prevent a foreseeable risk of injury. Liability in negligence is occasioned when the failure to take such steps causes an injury which was foreseeable.”

Reference(s)

ILOAT Judgment(s): 435, 2533, 2804

Keywords

negligence; organisation's duties; service-incurred



 
Last updated: 23.08.2017 ^ top