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Netherlands – Manpower wins court liability case against temporary worker

28 May 2012

Manpower has won a court case against an agency worker who held them liable over a workplace accident which occurred in April 2010, reports Plein Plus.

The temporary worker, who was employed as a project officer, injured her wrist badly when she slipped outside the premises of the client company after she had finished her day’s work. She then filed a lawsuit against both Manpower and the client company she was working at.

She argued that both parties should be held responsible over the financial costs she incurred since her accident experienced at work. She referred to several statutory laws which outline that it is the employer’s duty of care to ensure proper health and safety measurements are in place, as well as employers’ liability when accidents occur due to “defect buildings”.

The judge ruled that in fact the temporary worker had not injured herself at the “workplace” as strictly speaking she had slipped on the client company’s forecourt, and not inside the building which is defined as her workplace.

The judge said that although employers can be held liable for accidents occurred outside the workplace, in this case it was not applicable. It was noted that the said temporary workers had also finished her day’s work and was thus not working when she slipped.

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