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Affirming the threshold of reasonable administrative action
December 10, 2024
NJCX (Compensation) [2024] AATA 6640 Key Points: The Tribunal was asked to review the claim for a psychological injury sustained during a employment probation period. The Tribunal reviewed the claim under the Safety Rehabilitation and Compensation Act 1988 (SRC Act) and the key questions were: Whether NJCX’s (the applicant) employment significantly contributed to her psychological condition, […]
Mitigating the Abuse of Process within the Tribunal – Dismissing an Application when the matter has been previously dealt with to finality
December 10, 2024
Kothe and Telstra Corporation Limited (Compensation) [2024] AATA 2412 (9 July 2024) Key Points: The Tribunal was asked to review a decision dated 22 December 2023 which declined liability to pay compensation in respect of “Depression and Post Traumatic stress disorder” sustained on 28 January 2005. The respondent argued that a decision had already […]
The “reasonable administrative action” defence can encompass a broad range of actions of the employer
December 10, 2024
Moradi v Comcare [2024] FCA 812 Key Points: The applicant claimed compensation for psychological injury as a result of her deployment being terminated early. Her claim was declined for reason of reasonable administrative action and this decision was affirmed by the Tribunal. The applicant appealed to the Federal Court. The Federal Court was tasked […]
Credibility and reliability crisis: the challenges of claiming psychological injury
December 10, 2024
Osman and Australian Postal Corporation (Compensation) [2024] AATA 2274 Key Points: The AAT was asked to determine whether the respondent was liable for Mr Osman’s (theapplicant) ‘stress and anxiety’ arising from a series of workplace events allegation. The AAT was critical of the inconsistent factual evidence and unreliable medical evidence, and was not able […]
Credibility Under Fire: Tribunal Rejects Compensation Due to Reasonable Administrative Action
November 19, 2024
Martin and Comcare [2024] AATA 3313 (2 September 2024) Key Points: Mr Martin claimed compensation for psychological injury as a result of a series of workplace issues. Liability was declined on the basis that the condition arises out of reasonable administrative action. The Tribunal affirmed the reviewable decision. The Tribunal found that Mr Martin […]
Employer not liable to pay compensation where notice of injury is not provided as soon as practicable
September 12, 2024
Bith and Telstra Corporation Limited (Compensation) [2023] AATA 3612. Key Points: The Tribunal was required to consider whether Mr Bith provided notice of injury as soon as practicable after he became aware of the injury. If Mr Bith suffered an injury, did his employment with Telstra contribute to or aggravate his condition to a […]
No confidentiality order or leave to rely on surveillance evidence granted in favour of a “cards on the table” approach
September 12, 2024
King and K & S Freighters Pty Limited (Compensation) [2024] AATA 244. Key Points: The Tribunal was asked to consider making a confidentiality order over and granting leave to rely on surveillance footage and associated materials (surveillance evidence). The Tribunal decided not to grant the requested confidentiality order over the surveillance evidence based on […]
Abuse of process crystallised after claiming for an injury which had been settled
September 12, 2024
Britton and Comcare [2023] AATA 3505. Key Points: The Tribunal was asked to consider whether the applicant’s application for review ought to be dismissed for abuse of process. The Tribunal found that the applicant had agreed to settle a claim which found that Comcare was not liable for the applicant’s injury and the applicant […]
‘Stress’ is not a psychological injury
March 11, 2024
Griffin and K & S Freighters Pty Ltd (Compensation) [2023] AATA 535 Key Points The AAT was asked to determine whether the respondent was liable for Mr Griffin’s (the applicant) ‘stress’ arising from a series of events including being the subject of a claimed false sexual harassment allegation from a co-worker. Although the events […]
Chronic pain condition arising from a previously accepted injury is found to be not compensable
March 11, 2024
Keceski and Comcare [2023] AATA 1265 Key Points In 2014, Ms Keceski claimed compensation in relation to an arm injury arising from computer use. Liability was accepted by Comcare but Ms Keceski’s entitlements to incapacity payments and medical treatment were ceased in 2020. In the same year, she claimed compensation in relation to a […]