Uzunovska v Secretary, Department of Education

In the matter of Uzunovska v Secretary, Department of Education, the applicant claimed for compensation on the basis of a psychological injury she sustained during her employment. The respondent argued that any injury was wholly or predominantly caused by a reasonable action taken for the purposes of section 11A(1) of the Workers Compensation Act 1987, in this case, discipline. The court was required to determine whether the applicant had sustained a psychological injury arising out of her employment which was a substantial contributing factor and whether the notification of the Public Health Order requiring vaccination and related guidelines constituted disciplinary action for the purposes of section 11A(1) or a clear indication of at least the possibility of disciplinary action.

The court found that the applicant had suffered a psychological injury during the course of her employment and that such injury was not a consequence of a disciplinary process at the time the condition developed. The disciplinary process occurred later in time and was not a predominant cause of the psychological injury. The court relied on the evidence presented by the applicant and the guidelines published by the respondent, which outlined the process and responsibilities for handling non-compliance with COVID-19 vaccination requirements. The court determined that any disciplinary process occurred after the applicant's injury developed and was not a substantial contributing factor.

As a result of the court's decision, the applicant's claim for incapacity by reason of psychological injury was accepted in good faith by the respondent. The court awarded compensation to the applicant for the psychological injury sustained during her employment. The court's decision highlights the importance of considering the timing and nature of disciplinary action when determining whether it was a substantial contributing factor to a psychological injury sustained by an employee. The court's award of compensation to the applicant underscores the need for employers to take steps to prevent psychological injuries in the workplace and to provide appropriate support to employees who suffer such injuries.