Employer not liable where equipment deliberately misused

A workers on scaffolding tower, without outriggers or a complete set of guardrails, sought compensation from his employer after it was tipped up and he suffered injuries. Because of conflicting presentation of claim, at first alleging it was the deliberate action of his colleagues and later that he did not know the cause, he did not call expert evidence to show that there might have been a different outcome had outriggers and rail been fitted.