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Case Summary: Cain v Tamworth Aboriginal Medical Service (18 June 2021) [2021] NSWPIC 193

n the case of Cain v Tamworth Aboriginal Medical Service, the New South Wales Personal Injury Commission delivered its judgment on 18th June 2021. The case involved a dispute between Ms. Cain, an employee of the Tamworth Aboriginal Medical Service (TAMS), and TAMS itself.


The primary issue in this case was whether TAMS had breached its duty of care towards Ms. Cain, resulting in her sustaining injuries while performing her duties as a healthcare worker. Ms. Cain claimed that she had not been provided with adequate training and supervision, which led to her injury.

Cain v Tamworth Aboriginal Medical Service (18 June 2021) [2021] NSWPIC 193
Cain v Tamworth Aboriginal Medical Service (18 June 2021) [2021] NSWPIC 193

The court considered the evidence presented by both parties and found in favor of Ms. Cain. It was established that TAMS had indeed breached its duty of care towards its employee by failing to provide proper training and supervision.


The court emphasized that employers have a responsibility to ensure their employees are adequately trained and supervised to perform their duties safely. In this case, it was determined that TAMS had failed to meet this obligation, resulting in harm to Ms. Cain.


As a result, the court awarded compensation to Ms. Cain for her injuries and associated losses suffered as a result of TAMS' negligence.


This case serves as an important reminder for employers about their duty of care towards their employees' health and safety in the workplace. It highlights the importance of providing appropriate training and supervision to ensure employees can carry out their duties without unnecessary risk or harm.


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