Georges v Barnardos Australia

In this case, Georges, a worker, sought workers compensation for a psychological injury sustained following the imposition of a COVID-19 vaccine mandate by Barnardos Australia, their employer. The dispute arose in the context of disciplinary action taken by the employer, leading to a claim for compensation under the Workers Compensation Act. The matter was decided in the NSW Personal Injury Commission, a body responsible for determining claims for personal injuries in the workplace.

The central legal issues revolved around whether the psychological injury claimed by Georges was caused by a reasonable action taken by the employer in respect of discipline and whether it fell within the exclusions provided by section 11A of the Workers Compensation Act. Specifically, the court needed to decide if the injury was wholly or predominantly caused by a disciplinary action that was reasonable in all the circumstances.

The court meticulously examined the facts and the statutory provisions, drawing on the precedent set in Martsoukos v Secretary, Department of Education. It held that the employer's action in implementing the vaccine mandate was reasonable and necessary in the context of the COVID-19 pandemic. Consequently, the psychological injury suffered by Georges was found to be wholly or predominantly caused by this reasonable disciplinary action. Therefore, the claim was dismissed under section 11A of the Act.

The final orders of the court were that Georges' claim for workers compensation was dismissed, as the injury was excluded under section 11A of the Workers Compensation Act.