Henderson v Commissioner of Railways (WA)

The case of *Henderson v Commissioner of Railways (WA)* concerned an appeal to the High Court of Australia following a decision by the Supreme Court of Western Australia. The appellant was the widow of a railway ganger who was killed by a train during his lunch break while crossing railway lines to reach a camp provided by his employer. The employer, the Commissioner of Railways, argued that the accident did not arise out of or in the course of the deceased's employment.

The central legal issue before the High Court was whether the railway ganger's death, which occurred during his lunch hour while he was crossing the railway line to reach a camp provided by his employer, constituted an accident arising "out of or in the course of the employment" as defined by the *Workers' Compensation Act 1912-1924* (WA). This involved determining whether the ganger's actions at the time of the accident were sufficiently connected to his employment, particularly given that he was not actively performing his supervisory duties and had chosen a route that contravened a regulation prohibiting employees from walking on the line except in the execution of their duty.

Dixon and McTiernan JJ., in allowing the appeal, reasoned that the ganger's employment encompassed more than just the direct supervision of the fencing work. They considered that the provision and use of the camp, which was authorised and customary, and the ganger's role in its general management, made his travel to and from the camp incidental to his service. Despite the existence of a regulation prohibiting walking on the line and the availability of safer routes, their Honours held that the ganger's actions in crossing the line to reach the camp were still within the course of his employment. Latham C.J., dissenting, found that the ganger had left the sphere of his employment when he ceased active work for lunch and chose to cross the line, particularly in contravention of a statutory regulation.

The High Court, by majority, held that the accident occurred in the course of the deceased's employment. Consequently, the appeal was allowed, the decision of the Supreme Court of Western Australia was set aside, and the matter was remitted to the Local Court for the assessment of compensation.