Elements of Negligence and Hazards in Hospitality Industry

This document discusses the three elements needed to sue in negligence, potential hazards in the hospitality industry, and how to develop a policy to avoid such hazards. It also provides ways to keep staff updated with changes in legislation.

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Assessment Type ☒ Written ☐ Case Study ☐ Project ☐ Presentation ☐ Other
Assessment Name Assessment 4
Assessment Date Week 9
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Instructions to Assessor
Work, Health and Safety: A work health and safety check of the assessment environment is to be conducted prior to the assessment and
any hazards addressed appropriately.
List the time, materials provided and assessment range and conditions on the next page
These sections should be detailed enough for multiple assessors to consistently implement the assessment and include details of location,
time restrictions, level of assistance permitted (if any), WHS, environment protocols, etc. The student should have access to techniques,
procedures, information, resources and aids which would normally be available in the workplace. Include if open or closed book.
Materials to be supplied may include: assessment paper, site plan, text, internet access, etc.
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Information for Students: You may have two (2) attempts for this assessment.
 If your first attempt is not successful, your teacher will discuss your results with you and
will arrange a second attempt.
 If your second attempt is not successful, you will be required to re-enrol in this unit.
Only one re-assessment attempt will be granted for each assessment item.
Time Allowed:
Materials Provided:
Assessment Range and Conditions: This is a take home assessment. You will need to use a
good Business law book to complete it or you may use relevant websites which explain the
law of negligence and how it is applied. You will also need to find a good policy document
whci you can use as a modell.
Assessment Task Instructions for Students
One of your staff members lifts a heavy box of drinks and injures her back. If she wishes to
sue you for negligence, explain which three elements she will need to prove.
(You may find it useful to read the case of Maria Madaffari v Rydges Hotel Ltd T/As Lakeside
International Hotel [1996] ACTSC 91 (30 August 1996). It can be found at www.austlii.edu.au
Using your own experience of working in clubs, restaurants or cafes make a list of potential
hazards which could lead to a possible negligence claim by a customer or employee.
Develop a policy for your café/restaurant to avoid such an event happening again.
Describe how you would keep your staff up to date about new and amended policies.
Assessment Criteria: To achieve a Satisfactory result, your assessor will be looking for your
ability to demonstrate the key skills/tasks/knowledge detailed in the Assessment Task to
industry standard.
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Q1) Identify the three elements needed to sue in negligence
The elements needed to sue in negligence are as follows (Cavico et al. 2018):
 Duty - The defendant owed a legal duty to the plaintiff under the circumstances.
When assessing a negligence claim, the first step is to look to see whether or not the
defendant owed the plaintiff a legal duty of care. In some circumstances, the
relationship between the plaintiff and defendant might create a legal duty for
instance, a doctor owes a patient a legal duty to provide him or her with competent
medical care. Or, the defendant may owe the plaintiff a legal duty to act with
reasonable care in a certain situation as is the case when one is expected to operate
a motor vehicle safely and with a certain level of due care.
 Breach - The defendant breached that legal duty by acting or failing to act in a
certain way. Next, the court will look to see whether the defendant breached this
duty by doing (or not doing something) that a "reasonably prudent person" would do
under similar circumstances. The term "reasonably prudent person" refers to a legal
standard that represents how the average person would responsibly act in a certain
situation (Booth 2014). Stated simply, the defendant likely will be found negligent if
the average person, knowing what the defendant knew at the time, would have
known that someone might have been injured as a result of his or her actions -- and
would have acted differently than the defendant did in that situation.
 Causation - It was the defendant's actions (or inaction) that actually caused the
plaintiff's injury. The third element requires that the plaintiff show that the
defendant's negligence actually caused his or her injury. Sure, someone might be
acting negligently, but the plaintiff can only recover if this negligence somehow
causes the injury. For example, it wouldn't be fair to sue someone who was
negligently texting and driving for a totally unrelated fender bender that happened
just across the street -- just because the driver was negligent.
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Q2) List at least 8 potential hazards in clubs, restaurants or cafes
The potential hazards in clubs, resturants or cafes are (Sweeney, Armstrong and
Johnson 2016):
 Safety hazards- can cause immediate accidents and injuries. Examples: hot surfaces,
slippery foors, sharp edges, etc.
 Chemical hazards are gasses, vapors, liquids, or dusts that can harm your body.
Examples: cleaning products, pesticides, etc.
 Biological hazards are living things—bacteria, viruses, or insects—that can cause
diseases such as flu, AIDS, hepatitis, Lyme disease, tuberculosis, and methicillin-
resistant Staphylococcus aureus (MRSA).
 Other health hazards include the following:
 repetitive movements
 awkward postures
 mental stress
 Heavy lifting
 Fast pace of work
 Radiation and
 Noise
Q3) Policy document must be a maximum of 250 words
Work health and safety (WHS) laws apply to organisations that engage volunteers, their
rights and obligations. This policy shows the commitment of (your business name)’s
management and workers to health and safety. The primary aim of this policy will be to
remove or reduce the risks to the health, safety and welfare of all workers, contractors and
visitors, and anyone else who may be affected by our business operations aims to ensure all
work activities are done safely (Safe Work Australia 2019). This policy also refers to other
useful resources which organisations can use to help them understand and meet their work
health and safety duties. Everyone has a right to be safe at work, including volunteers.
Volunteers play a vital role in communities across Australia and make significant
contributions by carrying out unpaid work for a variety of organisations every day.
The model WHS laws have been implemented in the Australian Capital Territory, New South
Wales, the Northern Territory, Queensland, South Australia, Tasmania and the
Commonwealth (Safe Work Australia 2019). If the WHS laws apply to your organisation it
must ensure, so far as is reasonably practicable, the health and safety of all of its workers,
including volunteers. This means that the organisation must provide the same protections to
its volunteer workers as it does to its paid workers. The protection covers the physical safety
and mental health of all workers, including volunteers. The primary duty of an organisation
includes ensuring, so far as is reasonably practicable (Van der wagen and Goonetilleke
2015):
 the provision and maintenance of a work environment without risks to health and
safety
 the provision and maintenance of safe plant and structures and safe systems of work
 the safe use, handling and storage of plant, structures and substances
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 the provision of adequate facilities for the welfare at work of workers, including
volunteers, for example toliets and first aid facilities.
Q4) List four ways you would keep staff up to date with changes in legislation.
Different ways to keep the staff up to date with changes in legislation are as follows
(Benn, Edwards and Williams 2014):
1. Inform employees up-front:
At the start of the project, let employees know that the company will work on
developing (or updating) company policies and procedures. Explain why the information is
important and relevant, and what impact it will have on them.
2. Ask for feedback:
To encourage employee involvement and buy-in, ask employees for their ideas about
what they think should be included in the employee handbook or policy manual.
Incorporate as much of the employee feedback as possible.
3. Introduce final product:
Conduct a meeting with all staff to introduce the completed handbook or manual
and review its purpose. Reinforce its importance and how it should be used.
4. Ask employees to review employee handbook or policy manual:
Distribute the completed handbook or manual to staff, either in a hard copy or
advise them how to access the document electronically. Ask employees to provide feedback
on improving the document.
5. Provide training where required:
Some policies and procedures may require more extensive and intensive training to
ensure that employees understand how the policy applies to them, so provide employee
training, as required.
6. Request employee sign-off:
It is important for staff to read the document to become familiar with the company’s
policies. Request each employee sign-off on having read the document. A copy of the sign-
off should be placed in the employee’s personnel file.
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References:
Safe Work Australia 2019. The Essential Guide to Work Health and Safety for Organisations
that Engage Volunteers. [online] Safe Work Australia. Available at:
https://www.safeworkaustralia.gov.au/book/essential-guide-work-health-and-safety-
organisations-engage-volunteers [Accessed 15 Mar. 2019].
Cavico, F.J., Mujtaba, B.G., Muffler, S., Samuel, M. and Polito, N.M., 2018. Manufacturer,
Supermarket, and Grocer Liability for Contaminated Food and Beverages due to Negligence,
Warranty, and Liability Laws. Economy, 5(1), pp.17-39.
Booth, S. 2014. Food banks in Australia: Discouraging the right to food. In First World Hunger
Revisited (pp. 15-28). Palgrave Macmillan, London.
Sweeney, J., Armstrong, R.W. and Johnson, L.W., 2016. The effect of cues on service quality
expectations and service selection in a restaurant setting: A retrospective and prospective
commentary. Journal of Services Marketing, 30(2), pp.136-140.
Van der Wagen, L. and Goonetilleke, A., 2015. Hospitality management, strategy and
operations. Pearson Higher Education AU.
Benn, S., Edwards, M. and Williams, T., 2014. Organizational change for corporate
sustainability. Routledge.
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