CHALLENGER TAFE -v- SHABAN [2004] WASCA 314
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2004] WASCA 314 | |
| THE FULL COURT (WA) | |||
| Case No: | CIV:2362/2004 | 22 NOVEMBER 2004 | |
| Coram: | STEYTLER J TEMPLEMAN J | 22/11/04 | |
| 8 | Judgment Part: | 1 of 1 | |
| Result: | Application dismissed | ||
| B | |||
| PDF Version |
| Parties: | CHALLENGER TAFE JAFAR SHABAN |
Catchwords: | Appeals Application for leave to appeal Workers' compensation Employee not provided with appropriate duties and roster Disability from stress Whether denial of "benefit" |
Legislation: | Workers' Compensation and Rehabilitation Act 1981, s 5(4)(b) |
Case References: | FAI General Insurance Co Ltd (De-Registered) v Goulding [2004] WASCA 167 Trewin v Comcare [1998] FCA 713 Nil |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : CHALLENGER TAFE -v- SHABAN [2004] WASCA 314 CORAM : STEYTLER J
- TEMPLEMAN J
- Applicant (Appellant)
AND
JAFAR SHABAN
Respondent
ON APPEAL FROM:
Jurisdiction : COMPENSATION MAGISTRATE'S COURT
Coram : PACKINGTON CM
Citation : SHABAN v CHALLENGER TAFE
File No : CM 62 of 2004
Catchwords:
Appeals - Application for leave to appeal - Workers' compensation - Employee not provided with appropriate duties and roster - Disability from stress - Whether denial of "benefit"
(Page 2)
Legislation:
Workers' Compensation and Rehabilitation Act 1981, s 5(4)(b)
Result:
Application dismissed
Category: B
Representation:
Counsel:
Applicant (Appellant) : Mr G R Hancy
Respondent : No appearance
Solicitors:
Applicant (Appellant) : Dibbs Barker Gosling
Respondent : No appearance
Case(s) referred to in judgment(s):
FAI General Insurance Co Ltd (De-Registered) v Goulding [2004] WASCA 167
Trewin v Comcare [1998] FCA 713
Case(s) also cited:
Nil
(Page 3)
1 STEYTLER J: I agree with Templeman J. I would only add in respect of ground 1 that the stress problem which the respondent suffered arose because he was given and had to teach a non-preferred subject which had a number of adverse consequences for him. I would agree entirely with what was said by the Compensation Magistrate in par 72 of his reasons to the effect that it was not the denial of a benefit but the allocation of something that the respondent did not want, in the form of the allocation of subjects he felt he was not competent to teach, which was the source of the problem and also that it was the actual carrying out of those duties which caused the disease.
2 I would also add so far as ground 2 is concerned that the evidence on which the finding was open included evidence from the respondent himself. It is summarised in par 15 of the review officer's findings where the review officer says:
"The applicant explained that his alleged disability arose from the fact that the students were encouraged to complain about him. He was given subjects to teach which he was wasn't competent in. He was given subjects which required a…
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CaseChat Overview and Summary
The court examined the definition of "benefit" under the Act, considering whether Mr. Shaban's stress-related disability qualified as such. The key issue was whether the stress arose from the performance of duties or employment, which would entitle him to compensation. The court also evaluated whether the employer had failed to provide appropriate duties and a roster, leading to the employee's disability.
In dismissing the application for leave to appeal, the court concluded that the appeal did not have a reasonable prospect of success. The Full Bench found that the employer's failure to provide appropriate duties and a roster did not amount to a denial of "benefit" under the Act. The court also noted that the Primary Judge's findings were well-reasoned and supported by the evidence. Consequently, the application for leave to appeal was dismissed.
Orders
Orders of the court
Application dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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