A High Court judge has ruled that the Financial Services Regulatory Commission (FSRC) was partly negligent in a case brought by one of its long-serving employees.
Sherry Ann Thomas, who has worked at the FSRC for more than a decade, claimed back injuries from two separate incidents.
Justice Nicola Byer found the regulator responsible for a 2020 accident in which Thomas hurt her back while opening a filing cabinet, but dismissed a later claim that she slipped on water near her desk.
The court heard that despite moving to electronic record-keeping in 2016, staff in the Insurance Department continued to rely heavily on filing cabinets. Justice Byer said the FSRC had failed to take reasonable steps to reduce the risks associated with their use.
On the second claim, the judge accepted evidence that any water on the floor was minor and ruled that occasional slips were “a normal incident of life”.
Thomas has 45 days to apply for damages. Costs will be shared, with the employee recovering some expenses but covering half of the FSRC’s legal fees linked to the dismissed claim.
