Dean v Australian Postal Corporation

FEDERAL COURT OF AUSTRALIA

Dean v Australian Postal Corporation [2010] FCA 680

Citation:		Dean v Australian Postal Corporation [2010] FCA 680
Appeal from:		Dean v Australian Postal Corporation [2009] AATA 812
Parties:		BARRY DEAN v AUSTRALIAN POSTAL CORPORATION and ADMINISTRATIVE APPEALS TRIBUNAL
File number(s):		NSD 1312 of 2009
Judges:		PERRAM J
Date of judgment:		30 June 2010
Catchwords:		WORKERS’ COMPENSATION – Commonwealth employees – Psychological disorder – Employee’s perception of bullying by manager – Whether ailment was “contributed to in a material degree by the employee’s ailment” – Perception does not have to founded on reasonable grounds – Evidence must support causative link of the perception as a material contributor to the development or aggravation of the ailment – s 4 Safety, Rehabilitation and Compensation Act 1988-2007 (Cth)
Legislation:		Administrative Appeals Tribunal Act 1975 (Cth) ss 43(2), 43(2B), 44 Safety, Rehabilitation and Compensation Act 1988-2007 (Cth) s 4
Cases cited:		Alexander v Australian Community Pharmacy Authority (2010) 265 ALR 424 cited Appellant V324 of 2004 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 259 cited Australian Telecommunications Commission v Tzikas (1985) 5 AAR 173 considered Civil Aviation Safety Authority v Central Aviation Pty Ltd (2009) 253 ALR 263 cited Comcare v Lees (1997) 151 ALR 647 cited Dornan v Riordan (1990) 24 FCR 564 cited Gilkinson v Repatriation Commission (2008) 104 ALD 406 cited Kirkpatrick v Commonwealth of Australia (1985) 9 FCR 36 considered Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 applied Repatriation Commission v Cotton (2006) 93 ALD 118 cited Wiegand v Comcare (2002) 72 ALD 795 applied
Date of hearing:	7 June 2010
Date of last submissions:	7 June 2010
Place:	Sydney
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	47
Counsel for the Appellant:	Mr D Richards
Solicitor for the Appellant:	Slater & Gordon Lawyers
Counsel for the First Respondent:	Mr P S Jones
Solicitor for the First Respondent:	Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1312 of 2009

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: BARRY DEAN
Appellant

AND:

AUSTRALIAN POSTAL CORPORATION
First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent

JUDGE:	PERRAM J
DATE OF ORDER:	30 JUNE 2010
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed with costs.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1312 of 2009

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: BARRY DEAN
Appellant

AND:

AUSTRALIAN POSTAL CORPORATION
First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent

JUDGE:	PERRAM J
DATE:	30 JUNE 2010
PLACE:	SYDNEY

REASONS FOR JUDGMENT

I  -  Introduction

1. This case is concerned with events which took place during 2005 to 2006 at the Peakhurst delivery centre (“the Centre”) which is conducted by the respondent (“Australia Post”).  The applicant,…