Phillips v Industrial Relations Commission of NSW & Anor

Phillips (the applicant) sought judicial review of a decision made by the Industrial Relations Commission of New South Wales (the first respondent) and the Minister for Industrial Relations (the second respondent). The dispute concerned the applicant's entitlement to certain benefits under the *Workers Compensation Act 1987* (NSW).

The primary legal issue before the High Court was whether the applicant's claim for workers' compensation benefits was barred by the operation of section 151Z(1)(b) of the *Workers Compensation Act 1987* (NSW). This section provides that a worker is not entitled to compensation if the injury was received solely as a result of the worker's own serious and wilful misconduct. The court also considered the proper interpretation of "serious and wilful misconduct" in the context of workers' compensation law.

The High Court held that the Industrial Relations Commission had erred in its application of section 151Z(1)(b). Their Honours, Hayne and Crennan JJ, reasoned that the provision requires a causal link between the misconduct and the injury. Mere misconduct, even if serious and wilful, is insufficient to defeat a claim if it is not the sole cause of the injury. The court emphasised that the onus of proving that the misconduct was the sole cause rests on the employer. The appeal was allowed, and the matter was remitted to the Industrial Relations Commission for redetermination according to law.