QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Deanne Maree King v Workers' Compensation Regulator [2019] QIRC 134 |
PARTIES: | Deanne Maree King v Workers' Compensation Regulator |
CASE NO: | WC/2018/221 |
PROCEEDING: | Application in existing proceedings |
DELIVERED ON: | 12 September 2019 |
HEARING DATES: | 23 August 2019 |
MEMBERS: HEARD AT: | O'Connor VP Brisbane |
ORDERS: | Application refused. |
| CATCHWORDS: | WORKERS' COMPENSATION –APPLICATION IN EXISTING PROCEEDINGS – admissibility of evidence – similar fact evidence – where Respondent seeks orders that the Appellant be precluded from calling a witness on the basis that evidence is not relevant and prejudicial – whether Commission is able to make an objective assessment of relevance of the evidence INDUSTRIAL LAW – QUEENSLAND – RULES OF EVIDENCE – Commission is not strictly bound by the rules of evidence – function and purpose of rules of evidence generally – rules of evidence should only be departed from in the clearest of circumstances and where the interests of justice require it to be done. |
| LEGISLATION: | Industrial Relations Act 2016 (Qld) s 531 Workers' Compensation and Rehabilitation Act 2003 (Qld) s 32 |
CASES: APPEARANCES: | Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 DF Lyons Pty Limited v Commonwealth Bank of Australia (1991) 28 FCR 597 Hail Creek Coal Pty Ltd v Construction, Forestry, Mining and Energy Union (2004) 143 IR 354 Mister Figgins Pty Ltd v Centrepoint Freeholds Pty Ltd (1981) 36 ALR 23 R v The War Pensions Entitlement Appeal Tribunal; Ex parte Bott (1933) 50 CLR 228 Qantas Airlines Limited v Gubbins (1992) 28 NSWLR 26 Rodriguez v Telstra Corporation Ltd (2002) 66 ALD 579 Sullivan v Civil Aviation Safety Authority (2014) 141 ALD 540 St Clair v Timtalla Pty Ltd & Anor [2010] QSC 296 Wong v Taitung Australia Pty Ltd (2017) FWCFB 990 Ms H Blattman of Counsel, instructed directly by the Respondent |
Reasons for Decision
The Regulator has filed an application in existing proceedings seeking an order that the Appellant be not permitted to lead evidence from witness Ms Amanda Treloar.
By way of background, Ms Deanne King, the Appellant, lodged an application for compensation with the Coles Group for a work-related injury described in the application for compensation as "stress". The Appellant's application for compensation was considered by Coles as the self-insurer in relation to two stressors. The first involved an industrial dispute between the Appellant and her employer over her rate of pay. The second involved the Appellant's working relationship with Ms Sarah Hawker, the Store Manager which the Appellant alleged amounted to "bullying and harassment". Coles Group investigated both claims and concluded that the actions taken constituted reasonable management action taken in a reasonable way.
The decision of the self-insurer was reviewed by the Regulator and it was determined that the Appellant's claim was excluded by virtue of s 32(5). It is against that decision that the Appellant now appeals to this Commission.
The Appellant was employed in the position of a Night Fill…
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- AGLC
- Deanne Maree King v Workers' Compensation Regulator [2019] QIRC 134
- Case
- [2019] QIRC 134
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the Commission could depart from the general application of the rules of evidence in the context of workers' compensation proceedings. The court examined the principles governing the departure from the rules of evidence, noting that while the Commission is not strictly bound by these rules, it should only depart from them in the clearest of circumstances and where the interests of justice require it. The court also considered the function and purpose of the rules of evidence, which is to ensure a fair and just process.
The Commission concluded that it was not necessary or appropriate to depart from the general application of the rules of evidence in the present circumstances. The court held that the correct approach was to permit Ms Treloar to give her evidence, with the relevance and weight of that evidence to be determined by the ultimate trier of fact after hearing all the evidence. Consequently, the application to preclude Ms Treloar from giving evidence was refused.
Accordingly, the Commission made an order refusing the application to preclude Ms Treloar from giving evidence.
Orders
Orders of the court
Application refused.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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