Court finds Commonwealth authority breached duty of care to waterside workers
The NSW Court of Appeal today ordered the Stevedoring Industry Finance Committee to pay former waterside worker and asbestosis victim Mr Ron Gibson damages - ruling that the commonwealth authority had breached its duty of care to Mr Gibson and thousands of other waterside workers.
The landmark ruling confirmed that the Stevedoring Industry Finance Committee (who inherited the liabilities of the Australian Stevedoring Industry Authority) failed to take adequate measures to warn waterside workers of the dangers of asbestos or provide suitable respiratory protective equipment.
Solicitors for Mr Gibson, Turner Freeman, claimed this was one of the most significant rulings in the long-running battle to secure just compensation for victims of asbestos related disease on the waterfront.
“The High Court established in 1999 that the SIFC owed its waterside workforce a duty of care, ” claimed Mr Armando Gardiman from Turner Freeman Solicitors.
“This ruling confirms, without an inch of doubt, that this duty of care was breached. This case clears the way for literally thousands of waterside workers to seek compensation from the Commonwealth in the future, ” he said.
“Up to 100,000 Australian have been employed on the wharves in various capacities since 1950. We know that many of these workers either have or will, be diagnosed with asbestos realted disease. For these people, today’s ruling is a truly momentous event. ”
Assistant Secretary of the NSW Central Branch of the Maritime Union of Australia, Mr Barry Robson hailed the settlement as a great victory for his members.
“For more than 12 years we have fought for justice for the waterside workers who, through no fault of their own, have sustained this life threatening illness.
“The time has finally arrived for the Australian Stevedoring Industry Authroity to accept its responsibility for this catastrophe. They knew the dust was dangerous and should have done something to protect the workers,” he said.
“Mr Gibson, with the assistance and perseverance of the Maritime Union and Turner Freeman Solicitors, has paved the way for thousands of waterside workers affected by asbestos to recieve compensation for clear breach of care. ”
FACTS
More informations on asbestos cases, including last year’s High Court decision:
http://mua.tcp.net.au/Pages/danger.html
Contact: Barry Robson 0417 235 685
