Michelle and National Australia Bank Limited (Compensation)

This matter concerned a claim for compensation by Mr. Michelle against National Australia Bank Limited. Mr. Michelle alleged he suffered a psychological injury as a result of his employment. The dispute centred on whether the alleged injury was caused by reasonable administrative action taken in a reasonable manner, which would exclude liability under the relevant legislation. The case was heard by Dr. Stewart Fenwick, Senior Member.

The legal issues before the Tribunal were to determine when Mr. Michelle developed a psychological injury and whether that injury was suffered as a result of reasonable administrative action taken in a reasonable manner. The respondent conceded the existence of a psychological injury but contended that the timing and cause were disputed. The Tribunal was required to consider the provisions of section 5A of the SRC Act, which excludes liability for diseases suffered as a result of reasonable administrative action taken in a reasonable manner, and to assess the evidence presented by both parties.

The Tribunal considered the evidence, including Mr. Michelle's statement detailing various interactions with his employer, such as performance appraisals, meetings concerning customer refunds, and discussions about a reference provided for a former colleague. The Tribunal also noted the medical opinion of Associate Professor Mendelson, which diagnosed a mixed anxiety and depressive disorder. However, the Tribunal found that all the incidents Mr. Michelle cited as administrative action were reasonable in the circumstances and taken in a reasonable manner. The Tribunal applied the principle that liability does not arise if the injury is a result of reasonable administrative action taken reasonably.

Ultimately, the Tribunal affirmed the decision under review, finding that the actions taken by National Australia Bank Limited in respect of Mr. Michelle's employment were reasonable and taken in a reasonable manner, thereby excluding liability for his psychological injury.