Secretary, Department of Education v Davis

In the recent case of Secretary, Department of Education v Davis, the claimant sought to establish entitlement to workers compensation for a psychological injury allegedly arising from the imposition of a COVID-19 vaccine mandate by her employer, the Department of Education. The matter was heard in the New South Wales Supreme Court. The respondent, the Department of Education, contended that the claimant's psychological injury was not wholly or predominantly caused by any reasonable action taken by the employer in respect of discipline.

The legal issues before the court involved determining whether the psychological injury suffered by the claimant was a result of a disciplinary action taken by the employer, and if so, whether that action was reasonable under the Workers Compensation Act 1987. Specifically, the court had to consider whether the imposition of the vaccine mandate constituted a disciplinary action and whether it was reasonable, and whether the injury was wholly or predominantly caused by that action.

The court examined the facts and relevant statutory provisions, concluding that the imposition of the vaccine mandate was not a disciplinary action within the meaning of section 11A of the Workers Compensation Act 1987. The court found that the mandate was a health and safety measure rather than a disciplinary measure and was therefore reasonable. Additionally, the court determined that the claimant's psychological injury was not wholly or predominantly caused by the employer's action in implementing the mandate. Consequently, the claimant's claim for workers compensation was dismissed.

The court ordered that the claimant pay the respondent's costs of the proceedings. This outcome highlights the importance of distinguishing between health and safety measures and disciplinary actions when considering claims for workers compensation under the Act.