Puppy Fence Incident: Tribunal Rules in Favor of Remote Worker

1

The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

The incident occurred while Vercoe was working from her home office-a sunroom shared with her rabbit. The metal barrier, about 60cm high, was set up to separate the animals. On September 19, 2022, during a workday morning, Vercoe's foot caught on the fence while heading to her kitchen to prepare a coffee, resulting in a fall that sent her to the Royal Adelaide Hospital.

Initially, her claim was rejected by the Local Government Association Workers' Compensation Scheme, questioning whether her job significantly contributed to the injury. However, the South Australian Employment Tribunal later ruled in Vercoe's favor. According to auxiliary deputy president Jodie Carrel, the situation fell within employment-related activities, referencing the council’s endorsement of short breaks for remote employees.

Presiding over the case, Carrel emphasized that taking coffee breaks is an ordinary and expected activity for employees, remarking, "Taking a coffee break is a likely act of an employee during the course of their working day." She noted that any intent Vercoe might have had to check on the puppy did not alter the compensable nature of the coffee break.

Moreover, Carrel criticized the employer for not fully ensuring the safety of Vercoe's home workspace, aside from a checklist, stating, "effectively abrogated its responsibilities" in safety oversight. While the council was unaware of the puppy fence setup, this did not disqualify the workers' compensation claim, because the legislation does not operate on fault.

Although the case highlighted a fracture in Vercoe's arm, the extent of her knee injury, which had prior ailments, was less clear-cut and remains contested. Her legal representation dismissed accusations of exaggeration, adding that she had returned to full duties fairly swiftly and actively worked to resume her routine.

The tribunal recognized that the knee was indeed injured but was cautious concerning the duration of any temporary impairment, which was noted not to extend past September 29, 2022.

The case underlines the nuanced challenges as more people work from home, blurring the lines between home environments and workplace regulations. Such incidents stress the need for evolving safety protocols in remote work settings to adequately protect employees under similar home-working conditions.

The original coverage of the situation was reported by Insurance News Magazine, spotlighting the legal implications of remote work safety and accident liability.

Published:Thursday, 31st Oct 2024
Source: Paige Estritori

Please Note: If this information affects you, seek advice from a licensed professional.

Share this news item:

Insurance News

Clear

Rising Mental Health Claims Impact Australia's Income Protection Insurance

19 Feb 2026: Paige Estritori

Recent data from the Council of Australian Life Insurers (CALI) reveals a significant increase in mental health-related claims within Australia's income protection insurance sector. In 2024, mental health conditions accounted for 20% of income protection claims, resulting in payouts totaling $887 million. This marks a substantial rise compared to previous years, indicating a growing trend that insurers and policyholders must address. - read more

Australian Super Under Fire for Prolonged Insurance Claim Delays

19 Feb 2026: Paige Estritori

Australian Super, the nation's largest superannuation fund, is facing criticism over significant delays in processing insurance claims. Reports indicate that some members have experienced prolonged waiting periods, with delays extending up to four years in certain cases. These delays have raised concerns about the efficiency and fairness of the fund's claims handling processes. - read more

Australia's Income Protection Insurance Sales Experience Notable Decline

19 Feb 2026: Paige Estritori

Recent data from Plan For Life indicates an 8.3% decline in new income protection insurance sales in Australia for the year ending September 2024. This downturn contrasts with previous periods of growth, where sales had increased by nearly 7% in the year ending December 2023 and 6.5% in the year to March 2024. The shift suggests changing consumer behavior and market dynamics within the insurance sector. - read more

TAL's Health Sense Plus Now Covers Income Protection Policies

11 Feb 2026: Paige Estritori

In a strategic move to make life insurance more relevant to younger Australians, TAL has expanded its Health Sense Plus program to encompass income protection policies. This initiative allows advisers to offer clients enhanced value through a straightforward preventative health engagement. - read more

Australian Food Super Implements Age-Based Insurance Premium Structure

03 Feb 2026: Paige Estritori

Australian Food Super has announced a transition to age-based pricing for its insurance offerings, a move that will see premium costs vary according to members' age brackets. Effective November 1, 2025, this change aims to align insurance costs more closely with the risk profiles associated with different age groups. - read more

Click for more Insurance News