Hatzimanolis v ANI Corporation Ltd

HIGH COURT OF AUSTRALIA

Mason C.J., Deane, Dawson, Toohey and McHugh JJ.

HATZIMANOLIS v. A.N.I. CORPORATION LIMITED

(1992) 173 CLR 473

3 June 1992

Workers' Compensation (NSW)

Workers' Compensation (NSW)—Injury arising out of or in course of employment—Injury during interval occurring within overall period of work—Sightseeing tour organized by employer on workers' day off—Workers Compensation Act 1987 (NSW), s. 4 "injury".

Decisions

MASON C.J., DEANE, DAWSON, AND McHUGH JJ. The question in this appeal is whether the appellant, who was employed to work in a remote area in Western Australia, was within the course of his employment when he sustained injury during a sightseeing journey on his day off. The Compensation Court of New South Wales held that he was. The Court of Appeal reversed that decision on the ground that the journey was not incidental to the performance of his duties. We would allow the appeal and restore the award made in favour of the appellant. We would do so on the ground that the appellant sustained injury during an interval occurring within an overall period or episode of work and while engaged, with his employer's encouragement, in an activity which his employer had organised.
The factual background

2. In July 1988, the appellant, who was doing casual work for A.N.I. Corporation Ltd. ("A.N.I.") at Wollongong, learnt that that company was quoting for electrical work at the Mt Whaleback Mine at Mt Newman in Western Australia. He applied for a job at Mt Newman with A.N.I. should it be successful in obtaining the contract. A.N.I. obtained the contract and employed the appellant on the project. Before leaving Wollongong, Mr Pope, a supervisor employed by A.N.I., briefed the successful applicants on the nature of their employment at Mt Newman. He told them that the contract was for three months, that they would be required to work about ten hours each day for six days each week, that tools would be supplied for them, that A.N.I. would pay board and living expenses, and that A.N.I. would hire two vehicles to provide transport for the group. Mr Pope informed the group that there was a possibility that they might have to work on Sunday. He also told them that, if they got the chance, they could visit the areas around Mt Newman and the Pilbara region of Western Australia. Return air fares were to be provided. He also informed the group that the only things they would really have to worry about providing for themselves were drinks and cigarettes.

3. At Mt Newman, A.N.I. provided rent-free accommodation for its workers in a camp which was located about 15 or 20 minutes walk from the town of Newman. Each worker was given an air-conditioned cabin. Workers other than those employed by A.N.I. also lived in the camp which had a mess building, a TV room, a swimming pool, and communal bathing and toilet facilities. In accordance with the promise made by Mr Pope, A.N.I. hired two Toyota vehicles which were used, inter…