[2020] TASSC 13
COURT: SUPREME COURT OF TASMANIA
CITATION: Tasmania v Pilling [2020] TASSC 13
PARTIES: STATE OF TASMANIA
v
PILLING, Teresa Ann
FILE NO: 2640/2019
JUDGMENT
APPEALED FROM: State of Tasmania (Department of Health) v P [2019] TASWRCT 36
DELIVERED ON: 8 May 2020
DELIVERED AT: Hobart
HEARING DATE: 3 February 2020
JUDGMENT OF: Brett J
CATCHWORDS:
Workers Compensation – Proceedings to obtain compensation – Preliminary requirements – Notice of injury – Particular cases – Whether sending notice by facsimile to the worker's work unit amounts to giving notice to the employer.
Aust Dig Workers Compensation [293]
Workers Compensation – Proceedings to obtain compensation – Determination of claims – Procedure – Section 81A referral based on deficiency of notice– Whether s 37 should be taken into account in determining whether the employer has demonstrated an arguable case.
Aust Digt Workers Compensation [306]
Workers Rehabilitation and Compensation Act 1988 (Tas), ss 6, 32, 33, 37, 81A.
Tasmanian Health Service Act 2018 (Tas), ss 15, 19, 23.
Crown Proceedings Act 1993 (Tas), ss 3, 4, 13.
Supreme Court Rules 2000 (Tas), rr 693, 709.
Acts Interpretation Act 1931 (Tas), s 29AB.
Electronic Transactions Act 2000 (Tas), s 6.
State Service Act 2000 (Tas), ss 14, 37, 56.
Hazell Bros Pty Ltd v Adams [1999] TASSC 37; Sue v Hill [1999] HCA 30, 199 CLR 462; Pivot Limited v Crawford [1999] TASSC 67, 8 Tas R 40; Sullivan v Hobart City Council and MMI Insurance Limited [1999] TASSC 101; St Helens Oysters Pty Ltd v Coatsworth [2007] TASSC 90, 17 Tas R 43; Tasmania v Herlihy [2019] TASSC 5, referred to.
REPRESENTATION:
Counsel:
Appellant: O Robinson
Respondent: P Jackson SC
Solicitors:
Appellant: Solicitor General
Respondent: C N Dockray
Judgment Number: [2020] TASSC 13
Number of paragraphs: 46
Serial No 13/2020
File No 2640/2019
STATE OF TASMANIA v TERESA ANN PILLING
REASONS FOR JUDGMENT BRETT J
8 May 2020
The respondent is a State Service employee who, at the time relevant to this case, was working as a patient services officer in the Specialist Clinic at the Launceston General Hospital. On 29 May 2019, the respondent made a workers compensation claim in respect of psychological injury which she alleged had occurred as a result of workplace bullying. She had left work to consult her general practitioner about stress arising from the alleged bullying on 22 May. The doctor certified as to incapacity for work in the prescribed form, and the respondent arranged for the doctor's receptionist to send the certificate to the facsimile number of the specialist clinic. It was conceded that the certificate constituted sufficient notice of the injury, but the question raised on this appeal is whether sending it by facsimile to the clinic amounted to giving notice to the employer in the manner prescribed by s 33 of the Workers Rehabilitation and Compensation Act 1988 (the WRCA).
The claim was disputed by the appellant, who…
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CaseChat Overview and Summary
The court considered the statutory obligations and the practicalities of communication in the workplace. It held that the statutory requirement for notice to the employer was not satisfied by sending the notice by facsimile to the work unit. The court reasoned that the notice needed to be directly communicated to the employer or an individual who could effectively relay the information to the employer. Sending the notice to the work unit did not meet this criterion. Therefore, the court found that the employer had not received proper notice of the worker's injury. As a result, the claim for compensation was dismissed. The court's decision was based on the precise interpretation of the statutory requirements and the importance of direct communication to the employer.
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