A former employee of a café in the Australian Capital Territory (ACT) has been awarded over $65,000 (U.S. $42,500) after contracting Salmonella. The incident dates back to 2017 when the then 15-year-old casual kitchen hand at Central Café in Gungahlin fell ill.
The Supreme Court of the ACT ruled in favor of the employee, recognizing the negligence on part of the café that led to her hospitalization with Salmonella Typhimurium in February 2017.
In February 2017, the café faced a Salmonella outbreak affecting five customers and a waitress. The affected individuals had consumed various food items on different days.
Following reports of the illnesses, ACT Health conducted an inspection and identified numerous violations of the Food Act 2001. These breaches resulted in the temporary closure of the café, which was allowed to reopen in March 2017 after addressing the issues.
The inspection revealed critical lapses in food safety, including a sample of frozen cooked chicken containing Salmonella Typhimurium, the same strain that infected the patrons.
Witness testimonies during the court proceedings, including those from the new café owner Yaman Kasirga, an ACT Health food inspector, and medical experts, highlighted the café’s poor hygiene and food handling practices. The employee’s role primarily involved preparing meat without wearing gloves, further compromising food safety.
Photographs and inspection reports depicted a clear picture of negligence, showing that the café lacked basic sanitary measures. There were no soap, paper towels, or hand sanitizers available, and the cool room and refrigerators were not maintaining appropriate temperatures.
Fresh chicken was stored at 9.5 degrees C (49.1 degrees F), which violated the Food Standards Code. In 2018, Kasirga faced prosecution for selling unsafe food and other related charges, resulting in a fine of $4,500 (U.S. $2,900).
In the legal case, the court concluded that the employee likely contracted Salmonella from handling meat at the café rather than consuming its food. It was found that the café’s only thermometer remained unopened, indicating a lack of proper temperature monitoring for food storage.
Although the café was deemed negligent, the court did not fully accept the extent of the plaintiff’s claimed illness and injuries, leading to a compensation amount less than initially sought.
