Osman and Australian Postal Corporation (Compensation)

This matter concerned an application for review of a decision by the Australian Postal Corporation (the Respondent) to deny the Applicant's compensation claim for stress, anxiety, and being unsafe at work. The Applicant alleged that these conditions first manifested on 2 March 2023, stemming from workplace bullying, harassment, and discrimination, particularly concerning the conduct of his manager, Mr David Harrison. The Applicant had not returned to work since that date. The Respondent denied the claim, and an internal review upheld this decision, leading to the Applicant's application to the Tribunal.

The primary legal issue before the Tribunal was whether the Applicant had sustained an injury for which the Respondent was liable under the relevant workers' compensation legislation. This required determining whether the Applicant's alleged psychological conditions were caused by his employment, specifically by the events of 2 March 2023 and the broader context of alleged workplace mistreatment. The Tribunal also had to consider the Applicant's evidence regarding his interactions with management and co-workers, as well as the findings of the Fair Work Commission (FWC) in relation to earlier allegations of bullying.

The Tribunal considered the Applicant's evidence, which included claims of ongoing bullying, racism, and intimidation by co-workers and managers, and his assertion that the events of 2 March 2023, involving Mr Harrison's direction regarding forklift duties and subsequent interactions, constituted a continuation of this mistreatment. The Applicant also testified about his hearing difficulties and language barriers, though he denied these impacted his understanding of events. The Tribunal noted that the FWC had previously found none of the Applicant's 41 allegations of bullying to be substantiated. The Tribunal found that the Applicant had not established that his alleged psychological injury was caused by his employment with the Respondent, noting inconsistencies in his evidence and the lack of substantiation for his claims of bullying.

The reviewable decision of the Australian Postal Corporation to affirm the denial of the Applicant's compensation claim was affirmed.