MacNab and National Australia Bank Limited (Compensation)

This matter concerned an application by Mr MacNab against National Australia Bank Limited for compensation under the relevant Act. Mr MacNab's position as Business Banking Manager 3 was abolished following a restructure in 2013, and he was informed that he would need to find another suitable position within the bank to continue his employment, without being offered a redundancy. Subsequently, Mr MacNab experienced significant stress, anxiety, and depression, which he attributed to his employer's actions and the uncertainty surrounding his future employment.

The court was required to determine whether Mr MacNab suffered a disease that was contributed to, to a significant degree, by his employment with the respondent. Specifically, the court considered the nature of Mr MacNab's condition, the timing of his claim, and whether he was eligible for compensation for permanent impairment, as well as compensation for medical expenses and incapacity. The court also had to assess the evidence presented, including medical reports from Mr MacNab's general practitioner, regarding the onset, symptoms, and prognosis of his mental health condition.

The court found that Mr MacNab had suffered a disease, namely anxiety and depression, which was contributed to, to a significant degree, by his employment. The medical evidence indicated that Mr MacNab's condition began in late 2013 following the abolition of his position and the subsequent pressure to resign. The court noted that Mr MacNab had no significant pre-existing injuries or illnesses. However, the court determined that Mr MacNab was not eligible for compensation for permanent impairment due to the timing of his claim and insufficient evidence that he would be unable to work for an employer other than the bank.

Consequently, the Tribunal set aside the decision under review in relation to application no. 2014/4994 and substituted a decision that Mr MacNab suffered a compensable disease. The matter was remitted to the respondent for calculation of Mr MacNab's entitlements for medical expenses and incapacity from 23 December 2013 to the present date. The respondent was also ordered to pay Mr MacNab's costs and disbursements for that application. In relation to application 2015/3454, the Tribunal affirmed the decision under review.