ON 16 OCTOBER 1984, the High Court of Australia delivered Kondis v State Transport Authority (formerly Victorian Railways Board)  HCA 61; (1984) 154 CLR 672 (16 October 1984).
The High Court ruled that a special duty of care by an employer to an employee to provide a safe system of work is non-delegable.
The Victorian State Transit Authority engaged an independent contractor to dismantle a crane in a railway yard. Kondis injured his back when a metal pin fell from the crane. Kondis sued the State Transit Authority. The High Court held that the State Transit Authority, as employer, was liable for the harm caused by the independent contractor because their failure to adopt a safe system of work was a breach of the employer’s non-delegable duty of care.
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