Elliott v UGL Engineering Pty Ltd - [2024] NSWPIC 220

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Elliott v UGL Engineering Pty Ltd [2024] NSWPIC 220
APPLICANT:	Charles Elliott
RESPONDENT:	UGL Engineering Pty Limited
MEMBER:	John Isaksen
DATE OF DECISION:	30 April 2024
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for weekly payments for partial incapacity for a closed period and medical expenses for psychological injury; respondent concedes the worker sustained injury in the course of his employment but relies on section 11A that the injury was wholly or predominantly caused by reasonable action taken by the respondent with respect to retrenchment and/or dismissal; reference to Hamad v Q Catering P/L; reference to Ric Developments P/L v Muir in determination of the weekly payments claim; Held – the injury sustained by the worker was not wholly or predominantly caused by reasonable action taken by the respondent with respect to retrenchment and/or dismissal; award of weekly payments of compensation for partial incapacity for work but for a period less than that claimed by the worker; the respondent to pay the worker’s reasonably necessary medical treatment.
DETERMINATIONS MADE:	The Commission determines: 1. The respondent has failed to establish a defence pursuant to s 11A (1) of the Workers Compensation Act 1987 (the 1987 Act). 2. The applicant is entitled to weekly payments of compensation between 20 October 2021 and 31 July 2022 due to a partial incapacity for work as a result of the psychological injury he sustained in the course of his employment with the respondent. 3. The applicant’s current weekly earnings pursuant to cl 8 of Schedule 3 of the 1987 Act for the period between 20 October 2021 and 31 July 2022 is $1,300. The Commission orders: 4. The respondent is to pay weekly payments of compensation to the applicant as follows: (a) $982.90 per week from 20 October 2021 to 18 January 2022 pursuant to s 36 (2)(b) of the 1987 Act; (b) $982.90 per week from 19 January 2022 to 31 March 2021 pursuant to s 37 (3)(b) of the 1987 Act, and (c) $1,018.10 per week from 1 April 2022 to 31 July 2022 pursuant to s 37 (3)(b) of the 1987 Act. 5. The respondent is to pay Mr Elliott’s reasonably necessary medical treatment for his psychological injury pursuant to s 60 of the 1987 Act.

STATEMENT OF REASONS

BACKGROUND

Charles Elliott, the applicant in these proceedings, claims that he sustained a psychological injury arising out of or in the course of his employment as a Commercial Manager with the respondent, UGL Engineering Pty Limited.
Mr Elliott claims that the three main causes of his psychological injury were:
(a)    workplace bullying and intimidation;
(b)    the stress associated with his whistleblowing in regard to the unethical practices of a third party, and
(c)    his employment being made redundant by the respondent was not genuine but was because of his whistleblowing.
Mr Elliott’s last day of work for the respondent was on 2 April 2021 when his employment with the respondent was made redundant.

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Elliott v UGL Engineering Pty Ltd

Details

AGLC: Elliott v UGL Engineering Pty Ltd [2024] NSWPIC 220
Case: [2024] NSWPIC 220
Decision Date: 30 April 2024

CaseChat Overview and Summary

In the matter of Elliott v UGL Engineering Pty Ltd, the primary dispute involved the claimant, Elliott, seeking weekly payments for partial incapacity for a closed period and medical expenses associated with a psychological injury. The respondent, UGL Engineering Pty Ltd, conceded that Elliott sustained an injury in the course of his employment but contested the claim based on section 11A of the Workers Compensation Act 1987. This section allows for a reduction or denial of compensation if the injury was wholly or predominantly caused by reasonable action taken by the employer regarding retrenchment or dismissal.

The central legal issue the court had to resolve was whether the injury Elliott sustained was attributable to actions taken by UGL Engineering Pty Ltd in relation to his retrenchment or dismissal. The court also had to determine the extent of weekly payments for partial incapacity and the costs associated with necessary medical treatment. In addressing these matters, the court examined the statutory provisions and relevant precedents, notably Hamad v Q Catering P/L and Ric Developments P/L v Muir, to assess the validity of the respondent's reliance on section 11A.

The court found that the injury Elliott sustained was not wholly or predominantly caused by reasonable action taken by UGL Engineering Pty Ltd with respect to retrenchment or dismissal. Consequently, the court awarded Elliott weekly payments for partial incapacity, albeit for a shorter period than claimed. Additionally, the court ordered UGL Engineering Pty Ltd to cover the costs of reasonably necessary medical treatment for Elliott’s psychological injury. The decision underscored the importance of examining the specific circumstances of each case to determine the applicability of section 11A.

Orders