Gone to the Dogs? Compensation for WFH employee who trips on pet barrier

A South Australian Tribunal (Lauren Vercoe v Local Government Association Workers Compensation Scheme [2024] SAET 91 (18 October 2024)) has ruled that a council worker who broke her arm tripping over a pet fence while working from home is entitled to workers' compensation, highlighting employer responsibilities in remote work arrangements.

The worker had set up the fence in her home office to separate her rabbit and her colleague’s dog. The Tribunal found the fence to be a significant workplace hazard. Despite the council’s claim that it was unaware of the fence, the Magistrate noted that working from home introduces unique risks and criticised the council for relying solely on a safety checklist while abdicating broader responsibilities for ensuring a safe work environment.

Our Take

This case understandably causes a significant ‘stir’ in media circles. We think the Tribunal went too far – even in a workers compensation case which have much lower thresholds for causation.

Would even the most diligent and reasonable employer really have dealt with a pet barrier risk? We doubt it! So, until ‘the system’ is changed, employers just need to be more ‘accepting’ that occasionally ‘someone’ has to pay for the ‘quirky case’.

Action Items

• take a proactive role in assessing remote workplaces and updating policies to provide clear guidelines on workplace safety and manage the unique risks that employees may encounter outside the traditional office setting

• review your ‘working from home’ policies and procedures to ensure they address both when a worker is considered to be ‘at work’ and ‘not at work’, and the management of safety risks at home

• conduct regular reviews of ‘working from home’ arrangements and safety checklists to identify hazards and mitigate risk

• create and encourage use of open communication channels for employees to report at home hazards

• advise employees on an appropriate ergonomic set-up for a home workplace

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