In this episode of P.I. Case Note, Michelle Wright examines the Queensland Court of Appeal’s decision in Hays Specialist Recruitment (Australia) Pty Ltd v Carey-Schofield; Civeo Pty Ltd v Carey-Schofield [2025] QCA 161, which clarifies critical principles about host employer liability workers compensation when labour hire workers are injured. The case involved Mr. Carey-Schofield, employed by Hayes Recruitment but working at a Civeo accommodation village, who was injured when he tripped over a garbage bag while emptying bins after a wasp flew out—with both defendants appealing the primary judge’s findings that they breached their duty of care.
The Court of Appeal’s thorough analysis addresses multiple grounds of appeal concerning host employer liability workers compensation, including procedural fairness, factual findings, and the formulation of risk of harm. Hayes and Civeo argued they were denied procedural fairness because the trial judge made factual findings inconsistent with Mr. Carey-Schofield’s pleaded case—specifically finding he had emptied four bins rather than one or two, and that the wasp flew out after he stood up the fourth bin rather than while dragging the bag out. However, the Court held that this was merely “a finding not exactly representing what either party said” rather than creating an entirely new case, and that both defendants had extensively cross-examined Mr. Carey-Schofield about the photograph and sequence of events. The Court also rejected Hayes’ overly narrow formulation of the risk of harm, maintaining that “the risk of tripping on garbage bags” was appropriate rather than Hayes’ proposed risk involving “sudden perception of unexpected threat causing uncontrolled movement.” Significantly, the Court upheld a costs order requiring Civeo to pay Mr. Carey-Schofield’s costs against Hayes, finding this didn’t contravene section 316 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld).
Listen for Michelle Wright’s detailed analysis of this important host employer liability workers compensation decision and its implications for labour hire arrangements. If you’ve been injured while working for a labour hire company or host employer, the experienced team at accident legal understands these complex multi-party liability issues. With over 30 years of experience across Queensland, we know how to pursue claims against all responsible parties—both your direct employer and host employers who control your work environment. Contact us for a free consultation on (07) 3740 02003—we’ll ensure all liable parties are held accountable for your injuries.
