The High Court awarded €153,150 to a warehouse worker after finding Windcanton Ireland Ltd negligent and in breach of statutory duty over a back injury he suffered while handling goods at its Blanchardstown distribution centre.
Mr Justice Barr found that the employer had failed to train the plaintiff in safe turning techniques when carrying a load. He also found that excessive work pressure, complaints that went unaddressed and, at times, crowded working conditions contributed to the injury. The court rejected the claim that the plaintiff had been unfairly assigned heavier duties and made no finding of contributory negligence.
The plaintiff said he injured his back on 29 October 2012 while lifting five trays of yoghurt and turning to place them in a cage. He alleged that he had not been taught how to turn safely, that the target of 1,200 picks per shift was excessive, and that he was given too much heavy work. Windcanton denied negligence, said he had received manual-handling training and argued that he had failed to follow it.
The judge accepted the plaintiff’s evidence that his training covered lifting but not turning safely with a load. The records produced by the company did not establish what the relevant refresher sessions covered, and the people said to have delivered the training did not give evidence. The judge also accepted that the plaintiff had complained to team leaders about pressure to meet the pick target. He found that the employer’s failure to train him adequately was compounded by excessive pressure and cramped conditions.
On the injury, the court accepted medical evidence that repetitive bending, lifting and twisting were more likely to have caused the disc tears than a single lift, with the October 2012 episode marking the onset of severe pain. The plaintiff had pre-existing degenerative changes and earlier back complaints. The court found that he remained capable of light work but was unfit for heavy manual work.
The award comprised €40,000 for pain and suffering to the hearing, €30,000 for future pain and suffering and disability, €33,150 for past loss of earnings after the company’s closure, and €50,000 for future loss of earnings. The court reduced the future earnings claim to account for contingencies, including the company’s closure and the plaintiff’s prospects of finding full-time light work. The judgment does not state that the court awarded costs.