Parsons Brinckerhoff Australia Pty Ltd v Vanceva

Parsons Brinckerhoff Australia Pty Ltd appealed against a decision of a Senior Arbitrator, which found that the worker, Ms Vanceva, was entitled to workers’ compensation following an injury sustained at a workplace café. The appeal was heard in the New South Wales Dust Diseases Tribunal, which is the body with responsibility for hearing appeals concerning workers’ compensation matters in that jurisdiction. The central issue for the Tribunal was whether Ms Vanceva was at her “place of employment” when she was injured, as required by section 11 of the Workers Compensation Act 1987. The Tribunal considered the circumstances of the injury, which occurred when Ms Vanceva fell on the icy pavement outside the café, after leaving the workplace to purchase coffee. The Tribunal considered whether a temporary absence from the workplace for a short period of time constituted being at the “place of employment” under the Act. The Tribunal concluded that it did, finding that the workplace premises extended to the area outside the café and that Ms Vanceva was injured while going to and from the premises for the purpose of purchasing coffee. The Tribunal found that the worker was within the ambit of section 11 of the Workers Compensation Act 1987. The Tribunal dismissed the appeal and confirmed the Senior Arbitrator’s decision. The Tribunal ordered that the employer pay the worker’s costs of the appeal, as agreed or assessed.