Reeves-Board v Qld Uni of Technology

Reeves-Board and another brought an action against the University of Technology, alleging tortious conduct including reprisal under the Whistleblowers Protection Act 1994. The university brought an application to strike out the claim, arguing that the claim for damages for personal injuries under the reprisals provision must comply with the pre-court procedures of the WorkCover Queensland Act 1996. The university also argued that the claim was unsustainable because the alleged liability of the university was vicarious and that the reprisals claim was not direct. The court was required to determine whether the claim for reprisals under the Whistleblowers Protection Act 1994 was subject to the pre-court procedures of the WorkCover Queensland Act 1996 and whether the claim for vicarious liability was sustainable.

The court found that the claim for reprisals under the Whistleblowers Protection Act 1996 did not fall within the definition of a "work injury" under the WorkCover Queensland Act 1996 and therefore was not subject to the pre-court procedures. The court also found that the claim for vicarious liability was sustainable as the university could be held liable for the actions of its employees under the statutory tort of reprisal. The court struck out certain paragraphs of the statement of claim that did not comply with the requirements of the court and the law. The court found that the claim for reprisals was sustainable and that the university could be held liable for the actions of its employees under the statutory tort of reprisal.

The court granted the university's application to strike out certain paragraphs of the statement of claim and dismissed the application to strike out the remainder of the claim. The court found that the claim for reprisals under the Whistleblowers Protection Act 1996 was not subject to the pre-court procedures of the WorkCover Queensland Act 1996 and that the claim for vicarious liability was sustainable. The court ordered that leave be given to the university to bring the application and that certain paragraphs of the statement of claim be struck out.