Dawking v Secretary, Department of Education

The case of Dawking v Secretary, Department of Education was heard in a relevant Australian court and involved a dispute regarding a claim for weekly benefits and expenses under the Workers Compensation Act 1987. The applicant, Mrs Dawking, sought compensation for psychological injury that she claimed arose from her employer's refusal to accommodate her refusal to be vaccinated against Covid-19. This refusal led to her subsequent termination of employment for non-compliance with the Public Health Order of the NSW Government and the Covid Vaccination Guidelines issued by the respondent. The respondent contested the claim, arguing that the injury did not arise out of or in the course of employment and that it was caused by reasonable disciplinary action under section 11A of the 1987 Act.

The court was tasked with determining whether Mrs Dawking's psychological injury was caused by or arose in the course of her employment, and if so, whether it was a substantial contributing factor to the injury. Additionally, the court had to consider whether the injury resulted from reasonable disciplinary action taken by the respondent. In reaching its decision, the court examined the evidence presented by Mrs Dawking, including her statements, medical reports, and the relevant public health orders and guidelines. The court found that Mrs Dawking did indeed suffer a psychological injury that arose out of or in the course of her employment, and that it was a substantial contributing factor to her injury. Furthermore, the court concluded that the injury was not caused by reasonable action taken by the respondent with respect to discipline.

The court's ruling in favour of Mrs Dawking awarded her weekly benefits compensation and expenses under section 60 of the Workers Compensation Act 1987. This outcome recognises the substantial impact that the employer's actions had on Mrs Dawking's psychological well-being and her ability to continue working. The decision underscores the importance of employers taking into account the mental health of their employees in the context of workplace policies and disciplinary actions, particularly in extraordinary circumstances such as those presented by the Covid-19 pandemic.