Stadium car park tumble not job-related
A security company was not responsible for a staff member’s injuries suffered in a slip while walking from a car park to work, the Victorian Supreme Court has ruled.
In May 2023, Gurmeet Singh was driven to work at the Melbourne Cricket Ground in a car that parked at nearby Yarra Park.
The security guard fell while walking from the car, hurting his knee.
He made a WorkCover claim, which was rejected on grounds including that the injury did not arise from the course of employment.
Mr Singh took his case to a magistrates’ court, arguing he was required, or authorised, to arrive at work by car and to use the parking spots at Yarra Park.
He produced an email his employer, Securecorp Protective Services, gave staff that explained parking arrangements but not public transport.
He argued that once he arrived at the car park, he was engaged in an activity incidental to the performance of his work, so sustained his injury in the course of his employment.
The magistrates’ court ruled against him, so he appealed to the Supreme Court.
In upholding the earlier ruling, Supreme Court judge Adrian Finanzio says there must be a nexus between an employee’s duty and the activity resulting in injury, even if incidental.
He says Securecorp was not encouraging or permitting employees to park at Yarra Park – it was just giving them information about parking if they wanted to drive.
Read the judgment here.