The claimant was employed in the kitchen of “Restaurant” in Canary Wharf. The claimant alleged that she was instructed by her manager to open a tin of peanut butter using a knife because a can opener was not available. She also alleged that she has never received health and safety training and has never opened a tin before. She said that such tasks did not fall as part of her job role.
Liability was denied on the basis that the claimant was not instructed to open a tin using a knife and that she took it upon herself to open the tin this way. We relied on evidence from the claimant’s manager who made a credible witness. We maintained a denial and proceeded to trial and the claimant’s claim was dismissed.
The Judge founds that the claimant’s evidence lacked in credibility. Sweeping statement to say there was no tin opener and that it was broken. He said that the defendant’s evidence is compelling. In relation to training, the Judge said the claimant was the author of own misfortune. She chose to open it by using a knife which was inherently dangerous. The judge said that training is important and on balance the defendant will have trained the claimant in induction training. Despite there being no documents, but he simply did not accept the claimant would not have been trained.