PLBB and Comcare (Compensation)

This matter came before Ms S Taglieri SC, Member, of the Administrative Appeals Tribunal. The applicant, PLBB, sought compensation from Comcare, alleging an injury or disease arising from interactions with her managers between October 2016 and July 2017. These interactions occurred against a backdrop of disagreement and conflict concerning her work performance and the management of customer debts. The applicant had lodged a bullying and harassment complaint against several managers, citing negative reactions to a letter she sent, a loss of trust in her manager, and a refusal to allow mediation.

The Tribunal was required to determine two primary issues. First, whether the applicant suffered an injury, disease, or aggravation of either for the purposes of the relevant Act on or around 31 August 2017. Second, if an injury or disease was established, whether liability was excluded because it resulted from reasonable administrative action taken in a reasonable manner in respect of the applicant's employment.

The Member considered documentary evidence, including the applicant's statement of facts, issues, and contentions, and various emails and documents relating to workplace interactions and investigations. The applicant did not give oral evidence but relied on the tendered documents. The Member noted that while subsection 5A(2) of the Act provides examples of reasonable administrative action, neither party argued that the facts of this case fell within those specific examples. The evidence disclosed a history of progressive interactions and disagreements between the applicant and her managers concerning her work performance and the handling of customer complaints.

The decision was set aside and the matter remitted for redetermination.