Harris and Comcare (Compensation)

This matter concerned an appeal by Mr Harris against a decision by the Safety, Rehabilitation and Compensation Commission (Comcare) to deny him compensation. Mr Harris, employed as a Business Manager by the ACT Education and Training Directorate, alleged that a deteriorating working relationship with a new principal, Mr Bruce McCourt, led to a psychological condition. He contended that Mr McCourt's conduct, including critical comments, taking credit for his work, and disagreements over financial and administrative matters, systematically and consistently undermined him. Comcare argued that Mr Harris's condition was not a compensable injury.

The primary legal issues before the Tribunal were whether Mr Harris suffered from a compensable ailment, and if so, whether his employment contributed to it to a significant degree. Specifically, the Tribunal had to consider whether the alleged conduct of Mr McCourt constituted reasonable administrative action taken in a reasonable manner, which would exclude compensation under the relevant legislation. The Tribunal also needed to determine the date of injury, should compensation be awarded.

The Tribunal considered the medical evidence, which consistently diagnosed Mr Harris with a significant psychiatric disorder, including major depressive disorder and adjustment disorder with anxiety. While Comcare argued that Mr Harris's delayed seeking of medical help and lodging of a report indicated he did not suffer an ailment, the Tribunal found that his condition reached clinical significance in January 2015, making that the date of injury. The Tribunal noted that the events of 3-4 June 2014 were a major trigger, but the condition only became potentially compensable later.

Ultimately, the Tribunal affirmed the decision under review, finding that Mr Harris was not entitled to compensation. While acknowledging the existence of a psychiatric disorder and the negative impact of the events at work, the Tribunal did not make findings on all the issues raised, as its conclusion on entitlement rendered them unnecessary. The Tribunal expressed regret that opportunities to assist Mr Harris in his recovery were not taken.