Pickering and Linfox Australia Pty Ltd (Compensation)

This matter concerned an appeal by Mr Pickering against a decision of the Administrative Appeals Tribunal regarding his claim for compensation under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (the SRC Act). The dispute centred on whether Mr Pickering suffered an "ailment" as defined by the Act, and if so, whether it was contributed to a significant degree by his employment, thereby constituting an injury. A further issue was whether any such ailment arose from reasonable administrative action taken in a reasonable manner, which would exclude it from the definition of injury.

The court was required to determine if Mr Pickering suffered from a psychiatric condition that qualified as an "ailment" under the SRC Act. Specifically, the court had to assess whether this ailment was contributed to "to a significant degree" by his employment, thus establishing a disease and an injury under the Act. Crucially, the court also had to consider whether the ailment was a result of reasonable administrative action taken in a reasonable manner concerning Mr Pickering's employment, which would render it non-compensable.

The court found that Mr Pickering did suffer from an ailment, specifically an "Adjustment Disorder with Mixed Anxiety and Depressed Mood." It was satisfied that this condition was contributed to, to a significant degree, by his employment with the Respondent. The court determined that the actions taken by the Respondent did not constitute misconduct, let alone serious and wilful misconduct. Consequently, the court set aside the reviewable decision and substituted its own, finding that Mr Pickering was entitled to compensation for his injury. The Respondent was also ordered to pay Mr Pickering's reasonable costs.