Significant award to barman following tavern robberies
26 Oct 06Mr Davis was employed as a barman/cook by the Portage Licensing Trust at one of its taverns. The tavern was the subject of an robbery in March 1999. During the course of the robbery a gun was pushed into the back of Mr Davis, he was forced to the ground and tied up. After the robbery the Trust provided Mr Davis with physiotherapy, access to an Employee Assistance Program ("EAP"), counselling and a letter from the tavern manager expressing regret. Mr David returned to work the next day.
After the robbery the Trust put in place increased security measures including additional lighting and security officer, and orders were placed for security cameras. Before the cameras arrived and just 3 weeks after the first robbery two armed men entered the tavern and a second robbery was committed. Mr Davis was tied up again. The cameras were installed and further security measures introduced. Mr Davis took 9 weeks off work. Three weeks after his return the tavern was subject to a third armed robbery, in which Mr Davis was held at gunpoint. Mr Davis was unable to return to work and developed Post Traumatic Stress Disorder ("PTSD").
Mr Davis filed a claim against the Trust for breach of its implied duty to provide a safe system of work. The Employment Court considered the Trust should have foreseen the real risk of an armed robbery, which increased after the first incidence, and that it failed to put in place practical measures which would have reduced the likelihood of a robbery. The Trust was therefore in breach of duty. It was ordered to pay Mr Davis lost income to the date of hearing, 18 months future lost earnings, and $45,000 for distress and suffering.
After the robbery the Trust put in place increased security measures including additional lighting and security officer, and orders were placed for security cameras. Before the cameras arrived and just 3 weeks after the first robbery two armed men entered the tavern and a second robbery was committed. Mr Davis was tied up again. The cameras were installed and further security measures introduced. Mr Davis took 9 weeks off work. Three weeks after his return the tavern was subject to a third armed robbery, in which Mr Davis was held at gunpoint. Mr Davis was unable to return to work and developed Post Traumatic Stress Disorder ("PTSD").
Mr Davis filed a claim against the Trust for breach of its implied duty to provide a safe system of work. The Employment Court considered the Trust should have foreseen the real risk of an armed robbery, which increased after the first incidence, and that it failed to put in place practical measures which would have reduced the likelihood of a robbery. The Trust was therefore in breach of duty. It was ordered to pay Mr Davis lost income to the date of hearing, 18 months future lost earnings, and $45,000 for distress and suffering.
