Qantas Airways Limited v Arnott

Qantas Airways Limited has appealed against an Arbitrator's decision which found that an injury sustained by the respondent, an employee, was compensable under the Workers Compensation Act 1987. The injury occurred when the employee was assaulted during a slip time in a foreign city. The Arbitrator held that the injury arose out of or in the course of employment and was therefore compensable. The appeal was heard by the Court of Appeal of the Supreme Court of New South Wales.

The central legal issue in the appeal was whether the injury sustained by the employee during the slip time in a foreign city arose out of or in the course of employment. The appeal hinged on the interpretation and application of sections 4 and 9A of the Workers Compensation Act 1987 and the principles set out in Hatzimanolis v ANI Corporation Ltd [1992] 173 CLR 473. The court considered whether the slip time could be considered part of the employee's employment and whether the assault could be seen as an incident integral to the employment.

The Court of Appeal found that the Arbitrator's determination correctly applied the principles in Hatzimanolis and the relevant provisions of the Workers Compensation Act 1987. The court held that the slip time was integral to the employment, as the employee was still subject to the employer's control during that period. Additionally, the assault occurred during the slip time, which was an integral part of the employee's employment. The court concluded that the injury arose out of or in the course of employment and was therefore compensable. The appeal was dismissed and the Arbitrator’s determination was confirmed.

The Court of Appeal ordered that the Arbitrator’s determination of 28 February 2013 be confirmed and that the appellant employer pay the respondent worker’s costs of the appeal.