A recent NSW District Court decision, Lepan v TPG Telecom Limited, is an important reminder that employers must take practical steps to protect staff from foreseeable violence at work—not simply rely on policies, training or reporting systems

Mr Lepan worked at a Vodafone retail store in Macarthur Square. A customer became aggressive after being refused a SIM swap because of an identification mismatch and fraud alert. The customer left, but returned later and used a deodorant can and lighter to direct a fireball at Mr Lepan’s face. Unsurprisingly Mr Lepan suffered burns and a serious psychiatric injury. He was unable to return to his former retail employment and brought a claim for work injury damages against TPG.

The Court accepted that TPG knew the store had an unusually high level of customer aggression. There had been 11 reported incidents in 2019—about 5.5 times the national average for TPG’s company-operated stores—including verbal abuse, threats and physical aggression toward staff. Despite this, TPG had not conducted a risk assessment for the store and had not placed a security guard there. The Court found that a reasonable employer, aware of the escalating risk, should at least have provided a security guard during busy trading hours. The Court held that this failure caused or materially contributed to Mr Lepan’s injuries.

The Court awarded Mr Lepan $1,028,063.54, principally for past and future loss of earnings and superannuation. TPG was also ordered to pay his legal costs

This case shows that workplace safety obligations are practical and fact-specific. An employer should respond to known risks with measures that are proportionate to the danger.

For retail and customer-facing businesses, this may include:

• Reviewing incident history at each location, not just across the business generally.
• Acting promptly when staff report feeling unsafe.
• Conducting site-specific risk assessments.
• Considering security guards, controlled access, panic alarms, staff positioning, and clear escalation procedures.
• Documenting decisions made—and decisions not made—about workplace safety.

If you have been injured at work because your employer failed to protect you from a foreseeable risk, you may be entitled to compensation beyond standard workers compensation benefits. Our team can assess your circumstances, explain your options, and advise you on a work injury damages claim.

This article is general information only and is not legal advice. Legal advice should be obtained about your individual circumstances.