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

Australian Life Insurance Premiums Set for 1.7% Growth in 2025

18 Dec 2025: Paige Estritori

According to a recent report by Swiss Re, Australia's life insurance market is projected to experience a 1.7% real growth in premiums in 2025. This anticipated increase is attributed to easing cost-of-living pressures and the repricing of disability income policies. - read more

TAL's Health Sense Plus Now Covers Income Protection Policies

18 Dec 2025: Paige Estritori

In a significant development for policyholders, TAL has expanded its Health Sense Plus program to encompass income protection (IP) policies. This initiative, effective from August 8, 2025, aims to incentivize proactive health management by offering premium discounts to clients who engage in preventive health checks. - read more

Rising Mental Health Claims Reshape Australia's Insurance Landscape

10 Dec 2025: Paige Estritori

The Australian insurance industry is witnessing a significant shift as mental health conditions have become the leading cause of total and permanent disability (TPD) claims. Recent data from the Council of Australian Life Insurers (CALI) indicates that mental health issues now account for nearly one-third of all TPD claims, marking a substantial change in the industry's claim patterns. - read more

Australian General Insurers Achieve $6 Billion Profit Amid Fewer Natural Disasters

10 Dec 2025: Paige Estritori

In a remarkable turnaround, Australian general insurers have reported a combined profit of $6.1 billion over the past year. This substantial increase is attributed to a period of relative calm in natural catastrophes and robust investment returns. - read more

Australian Life Insurers Under Review for Mental Health Exclusion Practices

10 Dec 2025: Paige Estritori

Recent findings have revealed that certain Australian life insurers continue to implement blanket exclusions for mental health conditions, a practice that contravenes the industry's code of practice. This has raised significant concerns about the fairness and legality of such exclusions. - read more

Surge in Mental Health Claims Reshapes Australia's Insurance Landscape

02 Dec 2025: Paige Estritori

Australia's insurance industry is experiencing a significant shift as mental health conditions have become the leading cause of total and permanent disability (TPD) claims. Recent data from the Council of Australian Life Insurers (CALI) indicates that mental health issues now account for nearly one-third of all TPD claims, marking a substantial change in the industry's claim patterns. - read more

Click for more Insurance News