Saunders and Comcare - [2011] AATA 238

Administrative Appeals Tribunal
DECISION AND REASONS FOR DECISION [2011] AATA 238
ADMINISTRATIVE APPEALS TRIBUNAL )
) No 2009/5935

GENERAL ADMINISTRATIVE DIVISION )

Re Damon Saunders

Applicant

And

Comcare

Respondent

DECISION

Tribunal Senior Member A K Britton and Dr Hadia Haikal-Mukhtar
Date8 April 2011
PlaceSydney

Decision The decision under review is set aside and a decision substituted that the Respondent is liable under s 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) for the injury suffered by the Applicant on 15 April 2009.
........................[sgd]......................
Senior Member A K Britton

CATCHWORDS
WORKERS COMPENSATION –applicant injured at soccer match organised by social club - “in the course of employment” – “associated with employment” - causal link between employment and injury – soccer match sanctioned by employer as employees permitted to take extended lunch break without loss of pay to participate in social club activities – employer’s internal communications system promoted soccer match – supervisor encouraged participation – decision under review set aside
Safety, Rehabilitation and Compensation Act 1988 (Cth) – ss 5A(1)(b), 6(1), 14
Zickar v MGH Plastic Industries Pty Limited (1996) 187 CLR 310
Prieto and Comcare [2010] AATA 546
Hatzimanolis v ANI Corporation Ltd (1992) 173 CLR 473
Commonwealth v Lyon (1979) 1 CCD 172; (1979) 24 ALR 300
REASONS FOR DECISION
8 April 2011  Senior Member A K Britton
1.      Senior Customs officer, Mr Damon Saunders, has applied to the Administrative Appeals Tribunal for review of a decision made by Comcare, under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (“the Act”), to refuse to accept liability for an alleged injury involving his back that he contends was the result of his employment.
2.      Mr Saunders is employed by the Australian Customs and Border Protection Service (Customs) as a Senior Customs Officer (Customs Level 2). It is agreed that on 15 April 2009, Mr Saunders suffered a lumbar spine strain while warming up to play a soccer game that had been organised by the Social Football Club (soccer) from this point referred to as “the Football Club”. Mr Saunders contends that Comcare is liable for that incident because it occurred “in the course of his employment”. Comcare on the other hand argues that the necessary causal link between Mr Saunders’s employment and injury has not been established.
Statutory framework
3. By virtue of s 14 of the Act, Comcare will be liable to pay compensation in accordance with that Act in respect of any “injury” suffered by Mr Saunders if it results in impairment or incapacity for work. It is not in issue that the “incident”, to use a neutral term, resulted in Mr Saunders being incapacitated for work.
4.      “Injury” is defined by s 5A(1)(b) to include:
an injury (other than a disease) suffered by an employee, that is a physical or mental injury arising out of, or in the course of, the employee's employment; …

Customs’ Social and Sports Club
5. The Customs Social and Sports Club (“the Social Club”) is an unincorporated association.…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Saunders and Comcare

Details

AGLC: Saunders and Comcare [2011] AATA 238
Case: [2011] AATA 238
Decision Date: 8 April 2011

CaseChat Overview and Summary

The applicant, Saunders, brought a claim against Comcare for a personal injury sustained at a soccer match organised by a social club. Saunders argued that the injury occurred in the course of employment and was associated with employment under the Safety, Rehabilitation and Compensation Act 1988 (Cth). Comcare disputed this, leading to an appeal in the Administrative Appeals Tribunal (AAT). The central legal issues were whether the soccer match was considered part of Saunders' employment and if the injury was sufficiently linked to his employment to warrant compensation.

The AAT examined the employer's policy on extended lunch breaks, which allowed employees to participate in social club activities without loss of pay. The Tribunal noted that the employer had sanctioned the soccer match and actively promoted it through internal communications. Additionally, Saunders' supervisor encouraged participation, indicating that the event was supported by the employer. The Tribunal found that the nature of the injury, occurring during an event that was both sanctioned and promoted by the employer, created a strong causal link between the injury and the employment.

The AAT concluded that the employer's actions in permitting and promoting the soccer match, along with the supervisor's encouragement, constituted the event as being in the course of employment. This finding aligned with previous cases that considered activities encouraged or supported by employers as being associated with employment. Given these findings, the AAT set aside the original decision and determined that Comcare was liable for the injury under section 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth).

The Tribunal ordered that the decision under review be set aside and that Comcare be held liable for the injury Saunders sustained on 15 April 2009. The decision underscored the importance of employer actions and communications in determining whether an injury occurred in the course of employment, even when the injury happens during a social activity.

Orders

Orders of the court

The decision under review is set aside and a decision substituted that the Respondent is liable under s 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) for the injury suffered by the Applicant on 15 April 2009.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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