Employment law

![CDATA[In January 1997 Deutz Australia Pty Ltd, a warehouse operation, requires additional labour: a forklift driver. Deutz engages a labour hire firm, Skilled Engineering Ltd, to organise for a skilled forklift driver, Mr Sutton, to work at their warehouse. Skilled pays the wages of Mr Sutton, and Deutz pays Skilled. On 28 January Mr Sutton is navigating between the aisles with a forklift in order to do his job of picking stock (engine motors) and placing it in racks in the warehouse. While reversing the forklift, he knocks over some shelving, which causes a catastrophic chain reaction of collapsing shelving in the warehouse. The amount of damage resulting from the incident is $369,000. In employment law, an employer is usually liable for damage caused by an employee during the course of employment. Who then is liable for the damage caused by Mr Sutton's accident? The issue is whether Mr Sutton was an employee of Deutz or of Skilled. See Deutz Australia Pty Ltd v Skilled Engineering Ltd [2001] VSC 194.]]