Thompson and Comcare (Compensation)

This matter concerned an appeal by Mr Thompson against a decision by Comcare. Mr Thompson sought compensation for a psychological injury, which was accepted as having been contributed to by his employment to a significant degree. The central dispute revolved around whether Comcare was relieved of liability by reason of the operation of section 14(1) of the *Safety, Rehabilitation and Compensation Act 1988* (Cth), which provides that an employer is not liable to compensate an employee for an injury suffered as a result of reasonable administrative action taken in a reasonable manner in respect of the employee's employment.

The court was required to determine whether the actions of Mr Shaw, an employee of Comcare, constituted reasonable administrative action taken in a reasonable manner in respect of Mr Thompson's employment. Specifically, the court had to assess whether Mr Shaw's conduct on 21 and 26 November 2014, which were agreed to have contributed significantly to Mr Thompson's psychological ailment, met the criteria for reasonable administrative action taken reasonably.

In reaching its decision, the court considered Mr Thompson's assertion that Mr Shaw had failed to follow workplace policy by not supporting him and treating him with respect. However, the court found that, despite any prior history between the parties, Mr Shaw had treated Mr Thompson reasonably, with respect and courtesy. Consequently, the court was satisfied that the events of 21 and 26 November 2014 constituted reasonable administrative action taken in a reasonable manner in respect of Mr Thompson's employment. The court therefore affirmed the decision under review, holding that Comcare was not liable to compensate Mr Thompson for the injury suffered as a result of those incidents.