Qantas Airways Limited v Watson

Qantas Airways Limited brought an appeal against a decision made by an arbitrator who found that a compensable injury occurred to a flight attendant during a period of "slip port" leave. The dispute was heard in the Dust Diseases Tribunal of New South Wales. The central legal issue revolved around the interpretation of the Workers Compensation Act 1987, particularly sections 4 and 9A, to determine whether the flight attendant's injury, which happened during an interlude between periods of actual work, qualified as an injury sustained in the course of employment. Specifically, the court needed to assess whether the period of "slip port" leave constituted a part of the employee's employment activities.

The Tribunal found that the injury was indeed sustained during an activity that was part of the employee's employment. The Tribunal concluded that the period of "slip port" leave was not a break from employment but rather an integral part of the employment, given its purpose and the employer's control over it. The Tribunal held that the injury was foreseeable and arose out of the employee's employment, as it occurred during an activity that was part of the employment, even if the activity was not at the workplace. The Tribunal emphasised that the injury was sustained during a social activity that was directly related to the employment context and the employer's control over the employee's time.

Consequently, the Tribunal revoked the arbitrator's decision and ruled in favour of the flight attendant. The Tribunal found that the injury was compensable under the Workers Compensation Act 1987. The Tribunal's decision was based on the reasoning that the flight attendant's social activity during the "slip port" leave was an integral part of her employment, and the injury was foreseeable and arose out of the employment. The Tribunal's decision highlights the importance of considering the nature of the employment and the employer's control over the employee's activities when determining the compensability of an injury.