Collins v Bunnings Group Ltd

[2021] NSWPIC 313

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Collins v Bunnings Group Ltd [2021] NSWPIC 313

APPLICANT:

Mellissa Collins

RESPONDENT:

Bunnings Group Ltd

MEMBER:

Glenn Capel

DATE OF DECISION:

30 August 2021

CATCHWORDS:

WORKERS COMPENSATION –  Accepted psychological injury, but dispute as to the cause and whether injury wholly or predominantly caused by reasonable action taken or proposed to be taken with respect to transfer; issue as to whether “suggested transfer” amounted to a “proposed transfer”; employer was concerned about worker’s ability to work with a variety of health issues; option of a transfer raised; worker suffered aggravation of pre-existing psychological condition; worker alleged bullying and harassment during course of employment; Jackson v Work Directions Australia Pty Ltd t/as Work Directions Australia, Temelkov v Kemblawarra Portuguese Sports & Social Club Ltd, Department of Education and Training v Sinclair, Hamad v Q Catering Limited, Irwin v Director-General of School Education, Ivanisevic v Laudet Pty Ltd, Northern NSW Local Health Network v Heggie, Attorney General’s Department v K, Shore v Tumbarumba Shire Council and Director General, and Department of Education and Training v Pembroke discussed and applied; Held - worker’s injury wholly or predominantly caused by action proposed to be taken by employer with respect to transfer, but the manner in which it acted was unreasonable; award for applicant for weekly compensation and medical expenses.

DETERMINATIONS MADE:

1.    The applicant sustained a psychological injury arising out of or in the course of her employment with the respondent on 3 November 2020 (deemed).

2.    The applicant’s employment was the main contributing factor to her injury.

3.    The applicant’s psychological injury was not wholly or predominantly caused by reasonable action taken or proposed to be taken by the respondent with respect to transfer.

4.    The applicant was paid weekly compensation and medical expenses from 3 November 2020 to 26 January 2021.

5.    The applicant has had no current work capacity since 3 November 2020.

6.    The applicant requires medical treatment as a consequence of her injury and the respondent is liable to pay reasonably necessary medical expenses.

ORDERS MADE: 

7.    The respondent to pay the applicant weekly compensation as follows:

(a) $779.51 per week from 26 January 2021 to 1 February 2021 pursuant to section 36(1) of the Workers Compensation Act 1987, and

(b) $656.43 per week as adjusted from 2 February 2021 to date and continuing pursuant to section 37(1) of the Workers Compensation Act 1987.

8. The respondent to pay the applicant’s reasonably necessary medical expenses pursuant to section 60 of the Workers Compensation Act 1987.

STATEMENT OF REASONS

BACKGROUND

1. Mellissa Collins (the applicant) is 49 years old and commenced employment with Bunnings Group Ltd (the respondent) as a team member in the electrical department on
   20 October 2007. She worked in a variety of positions until she was appointed to the position of loss prevention officer on 28 November 2019. She last worked for the respondent on
   3 November 2020. Her current…