Compo called for fence fall
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A council worker has won compensation after tripping over a puppy fence at home.
The South Australian Employment Tribunal has ruled in favour of a council worker who tripped over a pet fence while working from home, establishing that her injuries arose from her employment.
The decision highlights a broader legal interpretation of workplace safety in remote work settings, where personal living spaces double as official work locations.
The employee of the City of Charles Sturt sustained a broken right humerus and a temporary right knee injury on 19 September 2022.
She fell over a temporary 60-centimetre metal pet fence she had installed across the entrance of her home office, located in her sunroom.
The fence was set up to separate a colleague's puppy - which she was babysitting for the day - from her pet rabbit. The employee tripped while taking a coffee break.
The Tribunal ruled that the injuries were compensable under the Return to Work Act 2014, particularly citing Section 7(5)(b). This provision extends coverage to injuries sustained during authorised breaks at the employee’s place of work.
As Vercoe was working remotely with her employer’s permission, her home was considered her official workplace.
The Tribunal found that the pet fence constituted a feature of her work environment on that day, making her employment a “significant contributing cause” of the injury.
During the hearings, which took place in March 2024, the employee’s counsel argued that the council's flexibility in allowing staff to work from home, coupled with the absence of explicit restrictions on activities during breaks, supported the claim.
The Tribunal accepted that the break to make coffee was an authorised work activity, consistent with the council's encouragement for regular short breaks during the workday.
The Magistrate in the case noted that breaks like these are a foreseeable part of remote work and that the hazard presented by the pet fence was not beyond the scope of work-related risks.
The ruling reflects an evolving interpretation of workers compensation in the era of flexible working arrangements, prompted by the COVID-19 pandemic.
Since the onset of the pandemic, remote work became standard practice for many council staff, with employees authorised to take short breaks and manage their home environment.
Although the council had safety protocols for home workstations, it ultimately placed responsibility for on-site safety management on employees.
The decision clarifies that workers compensation laws do not exclude hazards created by employees themselves if they arise within the work environment.
In this case, the Tribunal rejected the argument that the pet fence, being a self-imposed hazard, absolved the employer of liability.
The ruling stated that “employment was a significant contributing cause of any injury sustained in the fall, as the pet fence was a feature of her place of employment”.
Despite the favourable ruling, the compensation amount has yet to be determined, with further submissions and hearings to address this issue.
