Goh v Westpac Banking Corporation

The appellant, Goh, brought an appeal against the decision of an arbitrator who found that the respondent, Westpac Banking Corporation, had discharged its onus of proving it took reasonable action in relation to the applicant's psychological injury. The nature of the dispute was whether the arbitrator's decision was correct, given that the psychological injury was wholly caused by the actions of the respondent in the form of performance appraisal and/or discipline. The court was required to determine the reasonableness of the actions taken by the respondent employer.

The legal issue at the heart of this case was the interpretation and application of section 11A of the Workers Compensation Act 1987. The court had to consider whether the arbitrator's decision was correct in finding that the respondent had discharged its onus of proving it took reasonable action in relation to the appellant's psychological injury. The court was also required to determine the reasonableness of the actions taken by the respondent employer in relation to the appellant's psychological injury.

The court found that the arbitrator's decision was correct in finding that the respondent had discharged its onus of proving it took reasonable action in relation to the appellant's psychological injury. The court found that the respondent had taken reasonable action in relation to the appellant's psychological injury by way of performance appraisal and/or discipline. The court also found that the actions taken by the respondent employer were reasonable in the circumstances. The court confirmed the Arbitrator's Certificate of Determination of 1 November 2019.

In conclusion, the court found in favour of the respondent employer and confirmed the Arbitrator's Certificate of Determination of 1 November 2019. The court found that the respondent had discharged its onus of proving it took reasonable action in relation to the appellant's psychological injury and that the actions taken by the respondent employer were reasonable in the circumstances.