Lily manages a 5 star hotel in Melbourne. It has 100 rooms as well as a bar and restaurant.
Advise Lily on the hotel's legal liability in relation to the following situations. In your answer you must:
a. Identify the relevant law(s) involved including case law and relevant legislation;
b. Name the elements that need to be proved for the case to be successful;
c. Apply these elements to the facts of the case;
d. Identify any defences that the hotel can rely on to deny or limit its liability;
e. Name any other parties besides the hotel who may be liable;
f. Consider whether the hotel is vicariously liable;
g. All work must be fully referenced.
1. Andy is a professional photographer in town for a seminar. He is staying in the hotel for 1 week. When he checked into the hotel, he asked Sid (who was on reception) whether he could put his 2 cameras worth $4,000 each in the hotel safe. Sid tells Andy that the hotel policy is not to take any valuables worth over $2,000 for safekeeping unless the guest pays a fee of $100. Andy refuses, saying that he's already paying $300 per night and he won't pay anymore. So Andy takes the cameras up to his room, where he leaves them in his suitcase. Two days later, when Andy returns to his room from the seminar, his cameras are gone.
2. The hotel bar has an 'on licence' permit. Christine, Oriana and Ali work the late shift in the bar regularly. Christine and Ali have their RSA's but Oriana hasn't told Lily that she didn't complete hers and Lily didn't ask. Ron is a client who works across the road and often comes into the bar after work and gets drunk very quickly often arguing with both staff and other customers. One Friday night when Oriana is behind the bar, she notices that Ron is slurring his speech, spilling beer on the table and stumbling when he gets out of his chair. Oriana is concerned but keeps serving him drinks. She watches him leave, but unknown to her, Ron walks down a side lane to the back of the hotel to use an old, unused toilet, situated at the back of the premises. The door of the toilet has a lock but it is has rusted and is unusable. While using the toilet, Ron leans on the wall which collapses, he injures his back and neck.
3. A waitress at the hotel restaurant reports sexual harassment against the head chef. She claims that the harassment has been in the form of unsolicited emails, sexual comments and on one occasion telephone calls to her home. When Lily learns of the allegations she immediately fires the head chef when he admits to the harassment. Lily finds out that the head chef's usual behaviour, which constituted flirting and physically interfering with female staff was known to other staff, but it was never reported. The hotel has a policy against sexual harassment and discrimination but no staff training has been given for 3 years, and as a result most of the staff are ignorant of these policies. The waitress sues the hotel for sexual harassment.
4. Jennifer is a hotel guest. She's just recovering from an operation on her right knee. One morning while dining at the breakfast buffet, she slips on some milk that was accidentally spilt by another guest. She falls heavily on her right leg and requires further surgery, she also suffers shock and depression as a result of her injuries. Warren is employed on a casual basis as a cleaner. He is supposed to check and clean the buffet floor every 30 minutes but on the morning that Jennifer falls, Warren is in the cafe having a long coffee break with his friend Sharon and hasn't checked the floor at all.