Hospitality Business Law: WHS Case Analysis of Restaurant Blue

This assignment analyzes a Work Health and Safety (WHS) case involving an incident at Restaurant Blue. The case explores issues of employer and employee responsibilities, focusing on the breach of WHS regulations regarding lighting equipment that resulted in a burn injury to an employee, Sara Slip. The analysis addresses whether Sara is entitled to monetary compensation for medical costs and lost wages, considering the provisions of the Work Health and Safety Act 2012 and the Workers Compensation scheme. The assignment also examines whether both Sara Slip and the owner of Restaurant Blue, Vivian Wu, breached their statutory duty of care under the WHS Act. It considers the employer's obligation to provide adequate training and the employee's adherence to workplace safety guidelines. The conclusion highlights the legal consequences for both parties, emphasizing the employer's liability for compensation and the importance of proper WHS training and compliance.

WORK HEALTH & SAFETY
WORK HEALTH & SAFETY/ WORKERS COMPENSATION
Name of the Student
Name of the University
Author note

1WORK HEALTH & SAFETY
Question 1:
Issue:
After breaching the health and safety compliance and policy of the Restaurant Blue by
violating the regulation of using lighting equipment and after having severe burn injury as
consequence of the breach, would Sara Slip be provided with monetary compensation for her
health recovery associated costs and weekly wage as well as how much she would be entitled
to?
Rule:
According to Work Health and Safety Act 2012 and w/c scheme, 3.42 subsection it is
the responsibility of the employer to provide financial support to the injured worker that
include both medical and non-medical benefits (austlii.edu.au 2019). AS per the w/c scheme
of Workers Compensation-Return to Work Law, the employer should provide wages as well
as medical benefit to the injured employee and the employer have to keep close link to
rehabilitation and return to work. To have all these compensation the employee have to meet
one of these eligibility criteria: injury arises out of employment, injury arises in the course of
employment, and the medical compensation has been specified (ALRC 2019).
Analysis:
In this case, Sara Slip the former employee of Restaurant Blue injured from fire
hazard during work activity related to lightning using inflammable material. Sara Slip has
been also medically diagnosed and it is evident that she is injured serious because of the fire
hazard. Concerning the regulation, the employee named Sara Slip suffered from burning
injury while serving in the company. Therefore, the w/c scheme, 3.42 subsection is applicable
for the employer Restaurant Blue. The Workers Compensation-Return to Work Law never
specified that an employer can avoid the compensation related obligations if the injury

2WORK HEALTH & SAFETY
occurred because of breaching the health and safety guideline. In this case the employer
Restaurant Blue are completely responsible to provide all the medical costs related monetary
compensations to their injured employee, even when the incident occurred for breaching the
health and safety policy of the company. The employee Sara Slip should be also provided
with her due weekly wages while she is under the rehabilitation and recovery procedures.
Conclusion:
Employee Sara Slip is entitled with the monetary compensation as well as weakly
wages while in leave for rehabilitation. The employer Restaurant Blue is completely
responsible for both monetary medical and non-medical benefit to Sara Slip that includes
monetary compensation for medical treatment and weekly wages. Along with that the
employer Restaurant Blue is also responsible to keep close link to rehabilitation and return to
work process of employee Sara Slip.
Question 2:
Issue:
By negating the health and safety compliance and policy of the Restaurant Blue of
using lighting equipment, would Sara Slip have breached the statutory duty of care in terms
of the Work Health and Safety Act in South Australia State (SA) and by neglecting the
employer obligations related to employee awareness and obligation related to monetary
compensation would Vivian Wu, owner of Restaurant Blue has breached the statutory duty of
care in terms of the Work Health and Safety Act in South Australia State (SA)?
Rule:
According to Work Health and Safety Act 2012 (SA) and Regulations (SA) as well as
Codes of Practice, both employer and employee and the employer are responsible to follow
the workplace health and safety guidelines (Legislation.sa.gov.au 2012). Work Health and

3WORK HEALTH & SAFETY
Safety Act 2012 - Sect 27, it is the reasonability of the employer to make aware all the
employees individually about the workplace health and safety policy, regulation, code of
conducts and other statutory responsibility through providing adequate training and
development of the workforce. On the other hand, as per the Work Health and Safety Act
2012 - Sect 27, the person who is entitled to the working process as an employee has a duty
in respect of the same matter under this Act, each person with the duty must, so far as is
reasonably practicable, consult, co-operate and co- ordinate activities with all other persons
who have a duty in relation to the same matter (austlii.edu.au 2019).
Analysis:
In this case, the employer Restaurant Blue did not execute any proper training and
development activities for the newly employed employee named Sarah Slip regarding the
strict instructions on fire safety in the preparation and presentation of the dessert in
conformity with WHS laws and regulations. The strict information was only available to the
10 staffs of the company. Sarah Slip is a chef from a recruitment agency and her recruitment
agency did not provide any kind of specific guidelines regarding fire safety in the preparation
and presentation of this dessert. Therefore the regulatory and statuary violence of Work
Health and Safety Act 2012 - Sect 27 is applicable for the employer Restaurant Blue as well
as for the owner Vivian Wu. As an employee Sarah Slip did not communicated with the co-
workers and other persons with whom she entitled under the same employment. Sarah Slip
did not complied with the regulatory guideline or Workplace Health and Safety policy of
Restaurant Blue regarding fire safety in the preparation and presentation of the dessert.
Therefore, as per the Work Health and Safety Act 2012, the act of violating the organisational
workplace health and safety related compliances and responsibilities, can be applicable for
the employee Sarah Slip. Violating the statutory duties is considered as the subject of
punishment for both employer and employee.

4WORK HEALTH & SAFETY
Conclusion:
Employer Vivian Wu have violated the national and state regulation by neglecting the
WHS compliance related obligation and the statutory duty of providing adequate WHS
training to each and individual employee. The employee named Sarah Slip also violated the
national and state regulation by neglecting the WHS compliance related employee obligations
and statutory duty of care in terms of the Work Health and Safety Act. Since, the violation by
Sarah Slip is the direct result of the negligence of the employer Vivian Wu regearing health
and safety training and Vivian Wu have also neglected the employee compensation statutory
duties, Vivian Wu should be considered for further regulatory action and punishment under
Work
Health and Safety Act in South Australia State (SA).

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References:
ALRC, 2019. Workers’ Compensation In Australia | ALRC. [online] ALRC. Available at:
<https://www.alrc.gov.au/publication/grey-areas-age-barriers-to-work-in-commonwealth-
laws-dp-78/3-work-health-and-safety-and-workers-compensation/workers-compensation-in-
australia/> [Accessed 12 March 2020].
austlii.edu.au, 2019. RETURN TO WORK ACT 2014 - SECT 20. [online]
Www8.austlii.edu.au. Available at:
<http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/sa/consol_act/rtwa2014207/s20.html>
[Accessed 12 March 2020].
Legislation.sa.gov.au, 2012. Work Health And Safety Regulations 2012. [online]
Legislation.sa.gov.au. Available at: <https://www.legislation.sa.gov.au/LZ/C/R/WORK
%20HEALTH%20AND%20SAFETY%20REGULATIONS
%202012/2014.12.10/2012.268.UN.PDF> [Accessed 12 March 2020].
safeworkaustralia.gov.au, 2018. Model WHS Laws. [online] Safe Work Australia. Available
at: <https://www.safeworkaustralia.gov.au/law-and-regulation/model-whs-laws> [Accessed
12 March 2020].