Scharrer v The Redrock Co Pty Ltd

The appeal concerned a worker, Mr Scharrer, who sustained injuries while driving home from his employer's Christmas party. The employer, The Redrock Co Pty Ltd, had provided a vehicle for the worker's use. Mr Scharrer was driving the vehicle in contravention of express orders given by his employer and was under the influence of alcohol at the time of the accident. The appeal was brought before the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether Mr Scharrer's injury was sustained "in the course of employment" and whether it arose "out of or in the course of employment" within the meaning of the relevant New South Wales workers compensation legislation. Specifically, the court had to consider whether the worker's actions, including driving in contravention of orders and while intoxicated, were "for the purposes of and in connection with the employer's trade or business" and whether his employment was a substantial contributing factor to the injury. The court also had to determine if the appellant was aggrieved by the Deputy President's decision on a point of law, pursuant to s 353 of the *Workplace Injury Management and Workers Compensation Act 1998* (NSW).

The Court of Appeal reasoned that the provision of a vehicle by the employer for the Christmas party did not, in itself, render the journey home "in the course of employment," particularly given the worker's contravention of express orders and his intoxication. The court applied the principles that an injury arises "in the course of employment" if it occurs during the time of employment and at the place of employment, and in the performance of duties incidental to the employment. The court found that the worker's actions were not for the purposes of or in connection with the employer's trade or business, and that his employment was not a substantial contributing factor to the injury sustained during the journey home under these circumstances.

The appeal was dismissed, and Mr Scharrer was ordered to pay the costs of the appeal.