Manly Pacific International Hotel Pty Ltd v Doyle

Manly Pacific International Hotel Pty Ltd appealed to the Court of Appeal of New South Wales against a decision of the Workers Compensation Commission. The dispute concerned the entitlement of Mr Doyle, a former employee, to workers compensation for a psychological injury allegedly suffered as a result of his employer's actions.

The Court of Appeal was required to determine whether the Commission had erred in law in its interpretation of section 11A(1) of the *Workers Compensation Act 1987* (NSW). Specifically, the court had to consider the meaning of "transfer" in the context of the employer's actions and whether Mr Doyle qualified as a "worker" for the purposes of the Act in relation to the alleged injury.

The Court of Appeal held that the Commission had correctly interpreted section 11A(1). Mason P, Fitzgerald JA and Davies AJA reasoned that the employer's actions, which involved a change in Mr Doyle's duties and reporting structure, constituted a "transfer" within the meaning of the provision. They found that the employer's actions were not reasonable in the circumstances, and therefore the employer was not protected from liability by section 11A(1). The court affirmed that Mr Doyle was a worker entitled to compensation.

The appeal was dismissed with costs.