Bui v Australian Postal Corporation

[2010] FCA 1021

FEDERAL COURT OF AUSTRALIA

Bui v Australian Postal Corporation [2010] FCA 1021

Citation:		Bui v Australian Postal Corporation [2010] FCA 1021
Appeal from:		Bui v Australian Postal Corporation [2009] AATA 803
Parties:		NINA QUYNHNGA BUI v AUSTRALIAN POSTAL CORPORATION
File number:		VID 821 of 2009
Judge:		MARSHALL J
Date of judgment:		17 September 2010
Catchwords:		WORKERS’ COMPENSATION—Postal shop manager—injury arising out of “reasonable disciplinary action”, not within injury for compensation purposes— whether Tribunal erred in failing to consider whether further disciplinary action aggravated existing condition—whether Tribunal applied procedural fairness to applicant in relation to medical evidence sought to be advanced in support of claim.
Legislation:		Safety, Rehabilitation and Compensation Act 1988 (Cth)ss 4 (1), 53, 54, 62 (5)
Cases cited:		Bowman v Comcare [2000] FCA 88 Federal Broom Company v Semlitch (1964) 110 CLR 626 Hart v Comcare (2005) 145 FCR 29
Date of hearing:	8 September 2010
Place:	Melbourne
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	39
Counsel for the Applicant:	Mr W Friend (pro bono)
Counsel for the Respondent:	Mr M McInnis
Solicitor for the Respondent:	Clarke Legal

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 821 of 2009

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:	NINA QUYNHNGA BUI Applicant
AND:	AUSTRALIAN POSTAL CORPORATION Respondent

JUDGE:	MARSHALL J
DATE OF ORDER:	17 SEPTEMBER 2010
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The application is dismissed.

2.The applicant pay the respondent’s costs of the proceeding, to be taxed in default of agreement.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. 
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 821 of 2009

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:	NINA QUYNHNGA BUI Applicant
AND:	AUSTRALIAN POSTAL CORPORATION Respondent

JUDGE:	MARSHALL J
DATE:	17 SEPTEMBER 2010
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. The applicant, Ms Bui, appeals from a decision of the Administrative Appeals Tribunal (“the Tribunal”) to affirm certain decisions which it reviewed on her application.

2. On 8 May 2006, Ms Bui lodged a compensation claim under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (“the Safety Act”). In her claim form, Ms Bui described her “injury/illness” as:

   stress, anxiety, depression, weight loss, sleeplessness, loss of enjoyment in life.

   In the form, Ms Bui said she first noticed the illness on 13 January 2006, at 3 pm, and that the injury arose from one specific incident.  She also said, in the relevant form, that “there were [a] series of harassment and bully tactics on me since January 13 2006 that caused depression and stress”.

3. The circumstances which led to the claims, as referred to in the decision of the Tribunal, include the following matters:

   ·On 10 January 2006, the respondent employer (“Australia Post”) gave Ms Bui a written notice to attend a Warning Counselling interview on 13 January 2006 concerning alleged breaches of Australia Post’s…