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Santa Claus’s Failed Compensation Claim

Santa’s Not So Merry Christmas

In December 2007, a Victorian shopping center hired an employee, one Mr. Bainbridge to play Santa Claus.

At the end of each shift, a security guard would escort Santa back from his ‘North Pole’ grotto, and the naughty (or nice) children and parents, to the shopping center’s office to change.

 

No security guard for Santa

Later that month as Santa was yet again making the journey from the ‘North Pole’ back to the to shopping center’s office, this time, there was no security guard.

As Santa passed the bathrooms, a teenager verbally abused, and then kicked Santa in the knee! Santa sought compensation against his employer, arguing that a security guard should have been present at the time of the incident.

The court ruled that just because Santa’s employer had provided a security guard on previous occasions, they had no legal duty to do so.

SOURCE http://www.austlii.edu.au/au/cases/vic/VCC/2011/1393.html

 

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