In this episode of P.I. Case Note, Michelle Wright examines the Queensland Supreme Court’s 99-page decision in Singleton v Direct Personnel Services Pty Ltd & Anor [2025] QSC 259, which establishes critical principles about host employer liability for labour hire workers when both the labour hire company and the host employer fail in their safety obligations. The case involved Mr Singleton, employed by Direct Personnel but working at Mineral Technologies, who suffered back injuries when a 100-kilogram fibreglass spiral fell off a rail during de-moulding work, with the Court finding both defendants liable in negligence and apportioning responsibility 25 percent to Direct Personnel and 75 percent to Mineral Technologies.
The Court’s comprehensive analysis reveals how host employer liability for labour hire workers operates when safety responsibilities are inadequately managed by both parties. The Court found that Mineral Technologies, as the host employer, owed a duty analogous to what an actual employer owes—a non-delegable duty to devise, institute and enforce a safe place and system of work. Despite the general manager testifying that an alternative system with fixtures on rails to prevent spirals falling had been available for 40 years, the Court rejected this evidence as incredible and accepted Mr Singleton’s testimony that spirals had fallen off rails about half a dozen times in his six weeks of work, with no instructions on prevention or response. The Court found the system of work was “fraught with difficulty” with a “real risk” that could have been obviated through simple rail fixtures at minimal or no cost. As for Direct Personnel, the Court rejected their claims that they were prevented from accessing the site due to safety or intellectual property concerns, finding they had entirely delegated their non-delegable duty to Mineral Technologies without conducting regular workplace assessments. Significantly, the Court quickly dismissed contributory negligence allegations against Mr Singleton under sections 305F-305I of the WCRA, finding no failure to comply with instructions, use protective equipment, or attend training. However, the case also serves as a cautionary tale about credibility—Mr Singleton had spent 958 days overseas (80 percent of his time since injury) engaging in extensive travel activities he failed to disclose to medical experts, leading the Court to prefer the defendants’ medical evidence and significantly reduce damages.
Listen for Michelle Wright’s detailed analysis of this important decision on host employer liability for labour hire workers and the critical credibility issues that reduced damages. If you’ve been injured while working for a labour hire company, the experienced team at accident legal understands how to pursue claims against both your direct employer and the host employer who controlled your workplace. As Queensland’s trusted personal injury lawyers, we know that both parties owe you safety obligations under host employer liability for labour hire workers principles, and we’ll fight to hold each accountable for their share of responsibility. Contact us for a free consultation on (07) 3740 0200—we’ll ensure all liable parties are pursued and that your claim is presented with complete honesty to maximise your credibility and compensation.
