Ensign Services (Aust) Pty Ltd v Pine

Ensign Services (Aust) Pty Ltd sought to appeal a decision made by an Arbitrator regarding the determination of the date of an injury sustained by Mr Pine during his employment. The injury in question was a loss of hearing caused by a gradual process. The dispute centred on whether the Arbitrator's determination was correct in identifying the last employment to the nature of which the injury was due and setting the deemed date of injury as 8 November 2004. The Court of Appeal was tasked with reviewing the sufficiency of reasons provided for the Arbitrator’s decision under section 17(1)(a)(ii) of the Workers Compensation Act 1987.

The primary legal issue was whether the Arbitrator provided adequate reasons for determining the deemed date of injury, specifically if the injury was indeed caused by a gradual process and if Mr Pine’s employment with Ensign Services (Aust) Pty Ltd was the last employment to the nature of which the injury was due before he gave notice of injury. The Court had to assess if the reasons were clear and sufficient, allowing for a proper understanding of the decision-making process.

The Court found that the Arbitrator’s decision lacked sufficient reasoning to justify the determination of the deemed date of injury. The reasons provided did not adequately explain the process by which the Arbitrator reached the conclusion that the injury was caused by a gradual process and that Mr Pine’s employment with Ensign Services (Aust) Pty Ltd was the last employment to the nature of which the injury was due. Consequently, the Court revoked the first paragraph of the Arbitrator’s decision and substituted it with a new determination, setting the deemed date of injury as 8 November 2004, the last day on which Mr Pine was employed by the respondent. The remaining paragraphs of the Arbitrator’s decision were confirmed. Additionally, the appellant was ordered to pay Mr Pine’s costs of this appeal.