A recent ruling by the ACT Supreme Court has highlighted the severe consequences of food safety negligence in the hospitality industry. The court awarded more than $65,000 to a former kitchen hand who contracted salmonella while working at Central Cafe in Canberra. This case, stemming from an incident in 2017, underscores the importance of adhering to stringent food safety standards.
The case involved a 15-year-old worker, referred to in court as Sara Gibson, who fell ill with Salmonella Typhimurium after handling food at Central Cafe. The court heard that Ms. Gibson developed symptoms including fever, vomiting, and abdominal pain, which required hospitalisation. Tests confirmed the presence of salmonella, a serious bacterial infection often linked to foodborne illness.
The court found that Central Cafe had failed to provide basic sanitary conditions for its employees. Health inspectors discovered that the cafe lacked essential hygiene facilities, such as soap and hand sanitiser, which are critical for preventing the spread of foodborne pathogens. Moreover, the cafe was found to have inadequate temperature controls in its cool room and other refrigeration units. Specifically, chicken was being stored at an unsafe temperature of 9.5 degrees Celsius, far above the safe level required to prevent bacterial growth.
These findings led to the conclusion that Central Cafe had breached its duty of care. The cafe’s owner, Yaman Kasirga, admitted to breaching food safety laws, resulting in a fine of $4,500. The court ruled that the cafe’s failure to maintain proper hygiene and food storage conditions was a significant factor in Ms. Gibson’s illness. While the court acknowledged that it could not definitively prove Ms. Gibson contracted salmonella from consuming food at the cafe, it determined that the most likely source was her handling of raw meat and chicken during her shifts.
The ruling also noted the long-term impact of the illness on Ms. Gibson. Although the court did not fully accept all of her claims, it recognised that the illness had a substantial impact on her health, including developing food phobias and experiencing other health issues that affected her education and future employment prospects. Justice Belinda Baker awarded Ms. Gibson a total of $65,573.34, including compensation for her suffering and legal costs.
This case serves as a critical reminder for all food businesses about the importance of maintaining high food safety standards. The repercussions of neglecting these standards can be severe, affecting not only the health of employees and customers but also the business’s reputation and financial standing. It is essential for businesses to ensure that all staff are adequately trained in food safety, that hygiene facilities are always available, and that food storage practices meet legal requirements.
At CFT Food Safety Training, we advocate for the continuous education and vigilance of food safety practices. This case highlights the need for businesses to regularly review and update their protocols to prevent similar incidents. Ensuring a safe and healthy environment for both employees and patrons is not just a legal obligation but a fundamental responsibility of every food establishment. For those seeking to strengthen their food safety practices, there are numerous resources and training programs available to guide and support these efforts.
Share this story
Chat to one of our trainers
Our team are here to help with your questions