Kennedy and Comcare (Compensation)

This matter concerned an appeal by Mrs Kennedy against a decision by Comcare. Mrs Kennedy sought compensation for an adjustment disorder with anxiety, which she alleged was caused by unfair and unreasonable treatment by her managers and Human Resources personnel at her workplace. The Administrative Appeals Tribunal was required to determine whether Mrs Kennedy had suffered an injury under the relevant Act and, if so, whether that injury was excluded by section 5A(1) of the Act as being the result of reasonable administrative action taken in a reasonable manner.

The Tribunal considered two primary issues: first, whether Mrs Kennedy satisfied section 14 of the Act in respect of her claims; and second, if she did, whether she was excluded from compensation under section 5A(1) of the Act. In assessing Mrs Kennedy's evidence, the Tribunal noted a tendency towards overstatement and amplification, citing phrases used by Mrs Kennedy such as "impending doom," "emotional rape," and "battered wife" as indicative of this tendency. The Tribunal accepted, based on medical reports, that Mrs Kennedy had suffered an injury in the form of an adjustment disorder with anxiety, with the onset around June 2012.

However, the Tribunal found that while Mrs Kennedy perceived the actions of her managers and HR as unfair and unreasonable, these actions constituted reasonable administrative action taken in a reasonable manner in relation to her employment. The Tribunal concluded that being subjected to close scrutiny and regarded as having failed to meet performance expectations, while potentially upsetting, did not amount to bullying or harassment and fell within the scope of section 5A(1) of the Act. Consequently, the Tribunal affirmed the decisions under review.