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Christmas party season: if it isn’t official, it isn’t compensable
November 28, 2018
Mozsny and Comcare [2018] AATA 1966. Key Points: The question was: whether an injury suffered at an unofficial Christmas party (attended by work colleagues) happened during the course of employment. The injury occurred outside of the normal place of employment at an event that was not officially approved or endorsed by the employer. The Tribunal […]
Injured on a work trip: is the employer liable? AAT considers another hotel injury claim
November 16, 2018
Dring and Telstra Corporation Limited [2018] AATA 3149. Key Points: While on a work trip, the applicant slipped over at her hotel after a night out drinking. The Tribunal found that the injury was sustained in an interval from her employment as the activities undertaken were not induced or encouraged by Telstra. Background: The […]
Fall once, shame on me; Fall twice, claim on you
August 23, 2018
Small and Comcare. Key Points: Ms Small was a horseback police officer with the AFP who sustained a workplace injury in 2009 for which a claim was made and compensation paid In 2010 she fell at home, and lodged a claim for compensation In 2016 Comcare held a meeting with Ms Small to discuss ceasing […]
It’s all fun and games – but is it work related?
June 15, 2018
Hill and Comcare [2018] AATA 670 Key Points Mr Hill attended a weekend ‘Games’ sporting event facilitated by the Department of Human Services, and injured himself during a game of netball He took annual leave to attend the event, which was participant-funded. He was not encouraged to attend the event by his employer It was found […]
No compo for ‘white knight’ trucker – AAT dismisses worker’s claim for injuries suffered in service station brawl
November 29, 2016
O’Loughlin v Linfox Australia Pty Ltd [2016] AATA 606 Key Points The employer initially accepted this claim for injuries suffered as a consequence of the worker’s decision to become involved in a “domestic dispute” that occurred at a service station where he was delivering fuel. Following the High Court’s PVYW decision (the motel sex case) […]
Redefining the workplace
November 4, 2016
Demasi v Comcare (Compensation) [2016] AATA 644 (26 August 2016) Key Points The AAT was required to consider the scope of the term ‘in the course of employment’ and in particular, the meaning given to the phrases ‘place of work’ and ‘ordinary recess’, in the context of flexible working arrangements. Background Maryanne Demasi (Demasi), an […]
Costly slip up: Employer liability for day to day activities whilst travelling for employment
November 3, 2016
Garrett and Comcare (Compensation) [2015] AATA 801 Key Points Employee suffered an injury while in the shower of a hotel room whilst travelling for work. Whether the injury arose in the course of employment on the basis the injury was suffered during an interval or interlude in an overall period or episode of work. Held […]
May v Military Rehabilitation and Compensation Commission [2015] FCAFC 93
September 21, 2015
May v Military Rehabilitation and Compensation Commission [2015] FCAFC 93
Westrupp v Bis Industries Ltd [2015] AATA 298 (5 May 2015)
September 21, 2015
Westrupp v Bis Industries Ltd [2015] AATA 298 (5 May 2015)
Davies v Australian Postal Corporation [2014] AATA 578 (20 August 2014)
April 17, 2015
Davies v Australian Postal Corporation [2014] AATA 578 (20 August 2014)