Haddadi v Bunnings Group Limited

The applicant, Mr. Haddadi, sought a review of an Arbitrator’s decision regarding his entitlements under the Workers Compensation Act 1987, following an injury sustained at work. The respondent, Bunnings Group Limited, the applicant’s employer, was also involved in the dispute. The case was heard in the Workers Compensation Regulatory Tribunal of New South Wales. Mr. Haddadi argued that the Arbitrator erred in finding that he unreasonably rejected suitable employment offered by his employer, and in failing to consider his entitlement to compensation based on the rejection of this employment.

The central legal issue before the Tribunal was whether the Arbitrator correctly assessed Mr. Haddadi’s rejection of the offered employment and the impact of this rejection on his entitlement to compensation. Specifically, the Tribunal had to determine whether the Arbitrator appropriately applied the criteria set out in Section 40(2A) of the Workers Compensation Act 1987, which pertains to the assessment of suitable employment and the consequences of its unreasonable rejection. The Tribunal also needed to examine the evidence presented regarding the suitability of the offered employment and Mr. Haddadi’s reasons for rejecting it.

The Tribunal found that the Arbitrator did not adequately consider the evidence regarding the offered employment and its suitability for Mr. Haddadi. The Tribunal concluded that the Arbitrator’s decision was flawed because it did not fully appreciate the factors that led Mr. Haddadi to reject the employment. The Tribunal further found that the Arbitrator’s decision did not comply with the requirements of Section 40(2A) of the Act, leading to an incorrect assessment of Mr. Haddadi’s entitlements. Consequently, the Tribunal revoked the Arbitrator’s determination and remitted the matter to a different Arbitrator for re-determination in accordance with the Tribunal's reasons.

The Tribunal’s final order was to revoke the Arbitrator’s determination of 1 December 2009 and remit the matter to a different Arbitrator for re-determination of the applicant worker’s entitlements to compensation. The Tribunal directed that the re-determination should be made in accordance with the reasons provided in its decision, ensuring that the new Arbitrator properly considers the evidence and applies the relevant provisions of the Workers Compensation Act 1987.