Cordina Chicken Farms Pty Ltd v Thoa Hong Le

Cordina Chicken Farms Pty Ltd has brought an appeal against a determination of an Arbitrator who assessed the weekly compensation payable to Thoa Hong Le, a worker who sustained an injury in the course of employment. The dispute before the Court of Appeal was whether the Arbitrator had correctly determined the weekly compensation payable to the worker and whether the process of arbitration was procedurally fair.

The legal issues before the Court were whether the Arbitrator was correct in awarding the worker two awards of weekly compensation under different awards, and whether the Arbitrator had correctly assessed the probable earnings the worker would have earned but for the injury. The Court was also required to consider whether the Arbitrator had acted in a manner that was procedurally unfair.

The Court found that the Arbitrator had erred in awarding the worker two awards of weekly compensation. The Court held that the worker was only entitled to one award of weekly compensation and that the Arbitrator had failed to apply the correct legal principles in determining the appropriate award. The Court also found that the Arbitrator had incorrectly assessed the probable earnings the worker would have earned but for the injury. The Court held that the Arbitrator had not given proper consideration to all the evidence before them. The Court found that the Arbitrator had acted in a manner that was procedurally fair, and therefore no further consideration of procedural fairness was required.

The Court revoked certain paragraphs of the Arbitrator’s determination and made orders for the worker to receive weekly compensation at the statutory rate from the date of the injury until a certain date, and for the worker’s claim for weekly compensation from a later date to be remitted to a different Arbitrator for re-determination. The costs of the second arbitration were to follow the event of that arbitration. Other paragraphs of the Arbitrator’s determination were confirmed.