Nazar v Hydro Electric Corporation

The parties in this matter were the applicant, Mr. Nazar, and the respondent, Hydro Electric Corporation. The dispute concerned Mr. Nazar's entitlement to workers' compensation for an injury he sustained. The case was heard by the Full Court of the Supreme Court of Tasmania, comprising Blow CJ, Estcourt J, and Jago J.

The central legal issue before the court was whether Mr. Nazar's injury, sustained while walking within mobile phone range of his workplace, arose out of or in the course of his employment. Mr. Nazar was living away from his usual residence and was on call at the time of the incident.

The court considered the principles governing injuries sustained by workers who are living away from home and are on call. It was held that the employer's responsibility for the worker's safety extends to periods when the worker is not actively engaged in their duties but remains subject to the employer's control or is in a situation necessitated by their employment. The court reasoned that Mr. Nazar's presence at the location and his obligation to be on call were directly linked to his employment. Therefore, his injury, occurring while he was within mobile phone range and thus able to respond to a call, was considered to have arisen out of or in the course of his employment.

The court found in favour of Mr. Nazar, upholding his entitlement to workers' compensation.