A former manager of the Currumbin Hotel is suing for more than half a million dollars in damages, after slipping and falling, trying to locate a dead rat.
According to a damages claim lodged with Southport District Court in June, Cathryn Alice Morris (58) was employed as an assistant manager at the Gold Coast pub. Morris has filed a statement of claim against the Currumbin Pub Business Unit Trust.
The incident is said to have occurred on 8 June, 2022, following a period where Morris says there was a “strong odour” in the bar area, which she believed to be a rotting rodent.
She reputedly asked her boss, Andrew Hindmarsh, to arrange for someone to locate the source of the smell and rectify it, but reports nothing was done.
Believing the dead animal to be in a box stored under the bar, she attempted to remove the box but was stymied by a snagged hose, prompting her to try to free the hose using a long rod with a hook, usually used to raise and lower blinds.
The hook dislodged, causing Morris to lose her balance and fall backwards, when she reportedly suffered a fracture in her right wrist, and an injury to her right shoulder that resulted in an inflammatory condition (subacromial bursitis). These injuries necessitated two surgeries to her wrist and extensive therapy, and cortisone injections in her shoulder.
Morris is alleging her employer is negligent in not engaging an appropriate tradesperson to fix the problem, and offers that this refusal to authorise suitable professionals had precedent.
The former assistant manager had previously gotten someone to fix a leaking toilet, which is work that must legally be carried out by a qualified plumber, and says she was severely reprimanded by Hindmarsh. Morris states this left her afraid to hire anyone to fix anything and that she had to rely on work-arounds, including asking patrons for favours.
Morris continued working at the pub for more than two years after the incident, until November 2024, although she says she still feels pain in her right arm, impacting her ability to lift, hold and carry things, and claims this ultimately led to her termination, allegedly on the grounds she was unable to work at full capacity at all times.
The claim details that she is currently unemployed, and seeks around $550K plus interest and costs, which includes $350K for future lost earnings.
Australian Occupational Health & Safety (OH&S or WHS) law stresses that employers “must provide a safe workplace, proper training, supervision, and ensure that workers are not exposed to unnecessary risks”.
It also stipulates that workers must follow safety instructions, policies and procedures, and “take reasonable care for their own health and safety”, as well as that of others.
In cases where a worker is injured while doing something they should not do that is a minor breach of safety rules, they are generally still covered by workers’ compensation – unless their actions amount to serious or wilful misconduct. But several factors will determine any liability.
Representatives for Currumbin Hotel will have to file a defence to the claim, and declined to comment on the ongoing proceedings.
