Northern Co-operative Meat Company Ltd v Kitto

The Northern Co-operative Meat Company Ltd sought to appeal against a decision by an arbitrator that it was liable to pay compensation to an employee who had resigned from employment after sustaining an injury at work. The dispute was heard by the Industrial Relations Commission of Queensland. The primary issue before the court was whether the worker, who had resigned following an injury, was still partially incapacitated and therefore entitled to compensation. A secondary issue was the exercise of discretion in awarding compensation where the worker had resigned.

The court considered the statutory provisions of the Workers Compensation Act 1987, particularly section 40, which requires an assessment of the worker’s ability to earn in some suitable employment. The court determined that the arbitrator had correctly assessed the worker's capacity and had not erred in finding that the worker was partially incapacitated. The court also held that the arbitrator's decision to exercise discretion in favour of the worker, taking into account the resignation, was within the scope of the statutory powers. The court found that the worker's resignation did not preclude a finding of partial incapacity, and that the employer remained liable for compensation.

The appeal was dismissed, and the decision of the arbitrator was confirmed. The court held that the worker was partially incapacitated and entitled to compensation. The employer was ordered to pay the worker’s costs of the appeal.