Scoles v Commissioner for Government Transport

The parties to this matter were Scoles, the appellant, and the Commissioner for Government Transport, the respondent. The dispute concerned the appellant's claim for workers' compensation for injuries sustained while travelling to work. The case was heard in the High Court of Australia.

The central legal issue before the High Court was whether the appellant's injury, sustained during his commute to work, arose out of or in the course of his employment, thereby entitling him to workers' compensation under the relevant legislation. This required the court to consider the scope of employment in the context of travel to and from the workplace.

The High Court, in a joint judgment, held that the appellant's injury did not arise out of or in the course of his employment. The court reasoned that the appellant was not performing any duty for his employer at the time of the accident, nor was he under any obligation to his employer to travel in the manner he did. The general principle established was that an employee travelling to or from their place of employment is not considered to be acting in the course of their employment unless there are special circumstances, such as the employer providing the transport or the employee being engaged in a task connected with their employment during the journey. In this instance, no such special circumstances were present.

The appeal was dismissed.