Transfield Services (Aust) Pty Ltd v Wicks (No 2)

Transfield Services (Aust) Pty Ltd sought to appeal against an arbitrator’s determination that it was liable for compensation to its former employee, Mr. Wicks, for a psychological injury sustained in the course of his employment. The dispute centred on the employer's liability for the worker's post-traumatic stress disorder, which the arbitrator had found was caused by the employer's failure to provide a safe work environment. The matter was heard in the Industrial Division of the Supreme Court of New South Wales.

The primary legal issue was whether the Industrial Division had jurisdiction to consider fresh evidence presented by the employer on appeal, despite the employer's non-compliance with the relevant Practice Direction. The employer also argued that the arbitrator had erred in finding that the disease was caused by the employment, rather than merely aggravated by it. Additionally, the employer contested the award of costs, asserting that the worker's claim was not substantiated.

The court found that the Industrial Division did have jurisdiction to consider the fresh evidence, given the circumstances of the case. The employer's non-compliance with Practice Direction No 6 did not preclude the court from exercising its discretion to admit the evidence, particularly since the worker had not opposed the evidence's admission. The court also concluded that there was sufficient evidence to support the arbitrator's finding that the employment was the primary cause of the worker's disease, rather than merely an aggravating factor. Consequently, the appeal was dismissed and the worker's costs of the appeal were awarded against the employer.

The court confirmed the arbitrator's determination and ordered the employer to pay the worker’s costs of the appeal, amounting to $2,530. This decision underscores the importance of adhering to procedural requirements in industrial law matters, while also affirming the Industrial Division's ability to exercise discretion in the interests of justice.