Asioty v Canberra Abattoir Pty Ltd

This matter came before the High Court of Australia on an application for special leave to appeal by Canberra Abattoir Pty Limited against a decision concerning Mr Asioty. The dispute centred on whether Mr Asioty's employment with Canberra Abattoir Pty Limited had caused an aggravation of a pre-existing condition, leading to his incapacity.

The primary legal issue before the court was to determine whether the pre-existing dermatitis from which Mr Asioty suffered had been so aggravated by the nature of his employment that, in its current quiescent state, it constituted an aggravation, acceleration, or recurrence of the pre-existing disease, thereby causing his incapacity. This question was framed by consent in the Full Court.

The court considered the findings of the arbitrator, which established that Mr Asioty suffered from contact dermatitis due to an aggravation of an underlying dermatitis. These findings indicated that Mr Asioty was unable to work in jobs involving contact with blood, persistent contact with water, wearing leather or rubber gloves, or exposure to certain chemicals, as well as "wet type jobs" and jobs involving heavy manual work. The arbitrator found that this aggravation and its effects were likely to be permanent. The court was asked to consider whether the employment conditions had caused the pre-existing condition to flare up, leading to symptomatic and incapacitating effects, and whether the condition, even when quiescent, was more prone to recurrence due to the employment.