Singh and Ron Finemore Transport Services Pty Ltd (Compensation)

This matter concerned a claim for compensation by Mr Singh against Ron Finemore Transport Services Pty Ltd. Mr Singh alleged that he suffered from anxiety as a result of an incident that occurred on 18 June 2020, where he was instructed to unload his own trailers after a personal appointment, rather than having another driver assist him. The dispute centred on whether this incident constituted reasonable administrative action taken in a reasonable manner, which would exclude Mr Singh from compensation under the relevant legislation. The decision was made by Ms A E Burke AO, Member.

The primary legal issues before the Tribunal were whether Mr Singh suffered from a ‘disease’ for the purposes of the Act, and if so, whether that disease arose from reasonable administrative action taken in a reasonable manner in respect of his employment, thereby triggering the exclusionary proviso in section 5A(1) of the Act. While the parties accepted that Mr Singh suffered from anxiety that was significantly contributed to by his employment, the Tribunal's proceedings were confined to the question of whether the actions of his employer fell within the statutory exclusion.

The Tribunal reasoned that the direction given to Mr Singh to unload his own trailers after his appointment constituted administrative action taken in connection with his employment. This action was deemed reasonable because Mr Singh was employed as a casual linehaul driver with a rostered duty to unload at a specific time, and his request for another driver to complete this task could not be accommodated due to a lack of available staff. The Tribunal found no evidence of bullying, noting that while Ms Brocklehurst’s tone was described as ‘strong’, it was in response to Mr Singh’s argumentative and upset demeanour. Therefore, the Tribunal concluded that the administrative action was taken in a reasonable manner.

Consequently, the Tribunal determined that the exclusionary provisions of section 5A(2) of the Act applied, as the incident involved reasonable administrative action taken in a reasonable manner. Accordingly, Mr Singh was excluded from any form of compensation. The Tribunal affirmed the decision to reject Mr Singh's claim.