Secretary, Department of Education v Uzunovska

The case of Secretary, Department of Education v Uzunovska was heard in the Workers Compensation Commission of New South Wales. The dispute involved Ms Uzunovska, a public servant, who claimed psychological injury due to the COVID-19 vaccine mandate implemented by her employer, the Department of Education. The crux of the matter was whether the psychological injury was caused by her employment or by the Public Health Order issued by the New South Wales Government. The court was tasked with determining whether the employer's email communications regarding the COVID-19 vaccine mandate could be construed as disciplinary action, potentially invoking a defence under section 11A of the Workers Compensation Act 1987.

The court examined whether the psychological injury sustained by Ms Uzunovska was wholly or predominantly caused by reasonable actions taken by the employer in respect of discipline or dismissal. The key legal issue was the interpretation and application of section 11A of the Act, which provides a defence to claims of psychological injury if the injury is deemed to result from such disciplinary actions. Additionally, the court had to discern whether the COVID-19 vaccine mandate and the related communications could be classified as disciplinary actions under the statute.

In reaching its decision, the court considered the nature of the employer's communications regarding the vaccine mandate, concluding that they did not constitute disciplinary action. The court found that the psychological injury was not wholly or predominantly caused by reasonable actions taken by the employer in relation to discipline or dismissal. Consequently, the defence under section 11A of the Workers Compensation Act 1987 was not applicable. The court determined that the psychological injury was not attributable to the employer's actions but was rather a result of the Public Health Order.

The final orders of the court were that the claim for workers compensation was dismissed. The court held that the psychological injury sustained by Ms Uzunovska was not caused by actions taken by her employer and therefore, she was not entitled to compensation under the Workers Compensation Act 1987. The decision underscored the importance of distinguishing between the employer's actions and external mandates when assessing claims for psychological injury in the workplace.