Feb 2015 · South Australia, Australia
Vineyard worker who crashed driving home after harvest night shifts wins compensation on appeal - Full Court finds he fell asleep for work-related reasons
A general hand at a vineyard crashed into a tree shortly before 3 am while driving home from a night shift in the first week of grape harvest, suffering serious head injuries. His week had moved from day work to night and extended shifts, including one shift of about 19.5 hours, and the crash happened during the early-morning circadian low. The state employment tribunal rejected his journey claim, finding fatigue not proven, and its Full Bench dismissed his appeal. In 2020 the Full Court of the Supreme Court of South Australia set both decisions aside, finding he fell asleep for work-related reasons and that it is enough if the employment increased the risk of an accident of that kind.
Case AU-agriculture-02Report an issue