Cooney and K & S Freighters Pty Ltd (Compensation)

The Deputy President, Dennis Cowdroy OAM QC, considered a dispute concerning compensation for injuries resulting in incapacity. The applicant, Cooney, had failed to engage in employment offered by the respondent, K & S Freighters Pty Ltd. The central question was whether the employment offered was suitable and whether the applicant's subsequent resignation was reasonable in the circumstances.

The court was required to determine two primary legal issues: first, whether the employment offered to the applicant by K & S Freighters Pty Ltd constituted suitable employment in accordance with the relevant compensation legislation; and second, whether, in all the circumstances, it was reasonable for the applicant to resign from that employment. The court also considered whether the applicant retained the capacity to earn an amount equivalent to their normal weekly earnings.

The Deputy President reasoned that the employment offered was not suitable, having regard to the applicant's injuries and limitations. Consequently, the applicant's resignation from the offered position was deemed reasonable in all the circumstances. The court found that the applicant did not have the capacity to earn an amount equivalent to their normal weekly earnings.

Accordingly, the decision under review was set aside and remitted for further consideration.