By holding the employer's personal duty of care to be non-delegable the courts have held that an employer will nonetheless be held to have breached this duty if those they have entrusted with responsibility fail to exercise reasonable care in respect of the employees' safety.

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An employer's personal duty of care, established in Wilsons & Clyde Coal Co Ltd v English [1938], requires an employer to see that reasonable care is taken for their employees' safety. By holding the employer's duty of care to be non-delegable the courts have held that an employer will nonetheless be held to have breached this duty if those they have entrusted with responsibility fail to exercise reasonable care in respect of the employees' safety. The employer cannot escape liability by showing that they themselves acted reasonably in delegating this task to the relevant person.

By Holding the Employer's Personal Duty of Care to Be