Workplace Duty of Care: A South Australian tribunal has ruled that a worker who tripped over a pet fence while working from home during her authorized coffee break is entitled to workers’ compensation, exposing critical gaps in employers’ workplace duty of care for remote workplaces.

The Incident: Working From Home Takes an Unexpected Turn

Lauren Vercoe had worked for the City of Charles Sturt council since 2012. In response to the COVID-19 pandemic, the council expanded its work-from-home arrangements for all staff. By September 2022, Vercoe had set up a home office in her sunroom, her designated workspace.

On 19 September 2022, Vercoe requested permission to work from home to look after a colleague’s puppy. Her manager approved. That morning, at around 9:30 am, she stood up from her desk to make a coffee during an authorized break; one that the council actively encouraged staff to take.

To keep the puppy away from her pet rabbit, Vercoe had erected a 60cm high metal pet fence across the sunroom doorway the day before. Walking to the kitchen, her left foot caught the fence’s top rail. She lost balance and fell hard onto her right knee and shoulder, sustaining a fractured right humerus and knee injury.

An ambulance took her to hospital.

The Employer’s Defence: It’s a Private Hazard, Not a Work Hazard

The City of Charles Sturt’s workers’ compensation insurer denied the claim outright. Their argument: the dog fence was not work-related. It was erected without the employer’s knowledge and served a purely private purpose. Therefore, the injury was not caused by employment.

The insurer made critical concessions:

• ✓ Vercoe was authorized to work from home
• ✓ The coffee break was an authorized paid break
• ✓ The council encouraged regular breaks for wellness
• ✓ The council approved break-taking policies

But they argued: “If she had simply slipped, that’s compensable. But a dog fence she erected privately? That’s on her.”

The Tribunal’s Landmark Ruling: Workplace Duty of Care Extends to All Hazards

The South Australian Employment Tribunal disagreed in a 2-1 majority decision. Vercoe was entitled to workers’ compensation.

The key finding: When an employee is authorized to work from home, their entire home becomes their “place of employment”; and the employer has a workplace duty of care for all hazards present, including temporary, privately-erected ones.

The majority reasoned:

1. The home was Vercoe’s authorized place of employment
2. The coffee break was an authorized break taken at that place
3. The pet fence was a hazard in that workplace
4. Employment was a significant contributing cause of the injury

The Dissent: A Critical Word of Caution

One judge dissented, arguing the tribunal oversimplified the analysis. This judge believed the tribunal should have weighed:

• Whether the fence was truly characteristic of a “workplace” (it was temporary and private)
• Whether the break had multiple purposes (coffee AND checking on the puppy)
• Whether the employer should bear liability for purely private objects in a home

But the majority prevailed.

Critical Implications: Workplace Duty of Care in Remote Environments

This decision reveals a seismic shift in how courts interpret workplace duty of care in remote work:

1. Your Home IS Your Workplace

Once you authorize an employee to work from home, that entire home becomes a “place of employment.” This is not limited to the home office. It includes hallways, bathrooms, kitchens; anywhere the employee travels during authorized breaks.

2. Workplace Duty of Care Is Expansive

The employer’s duty to maintain a safe workplace doesn’t disappear when work moves home. Courts examine whether the employer:

• Provided guidance on safe home office setup
• Conducted workplace assessments for home-based work
• Identified hazards in the home workspace
• Communicated safety expectations to remote workers

3. Private Objects Can Be “Workplace Hazards”

A pet fence, boxes, a child’s toy; if it creates a hazard that causes injury during authorized employment business (even breaks), the employer may be liable. The private purpose of the object is not determinative.

4. Authorized Breaks = Workplace Time

The council encouraged wellness breaks. When an employee takes such a break, they remain “at work” for compensation purposes. Any injury during that break may be compensable if employment was a significant contributing cause.

Workplace Duty of Care Checklist for Remote Work

If you have remote workers, your workplace duty of care now requires:

Home office assessments before approving work-from-home arrangements
Written guidance on safety for home-based work
Hazard identification documentation (tripping hazards, electrical safety, ergonomics)
Clear authorization and break policy documentation
Manager training on workplace duty of care scope for remote work
Requirements for maintaining hazard-free pathways between work and break areas
Records of all safety communications and assessments

Protecting Your Organisation

At HSE Direct, we specialise in helping organisations manage workplace duty of care across physical and remote environments.

• Download our Remote Work Safety Assessment Template at HSE Direct Free Resources
• Follow us on Instagram @hse_direct for case law updates and workplace duty insights

For South Australian guidance on workers’ compensation:

• SafeWork SA ;  workplace health and safety guidance
• Return to Work Corporation of South Australia ;  workers’ compensation information

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Case Citation: Local Government Association City of Charles Sturt v Vercoe and Return to Work Corporation of South Australia SAET 135 (8 December 2025)