[2014] AATA 741
Division GENERAL ADMINISTRATIVE DIVISION File Number(s)
2013/1810
Re
Vanessa Konstandopoulos
APPLICANT
And
Comcare
RESPONDENT
DECISION
Tribunal Senior Member A K Britton
Professor Ron McCallum AO, MemberDate 14 October 2014 Place Sydney The Tribunal sets aside the reviewable decision made by Comcare on 5 March 2013 and, in substitution, decides that Comcare is liable to pay compensation for Ms Konstandopoulos’s adjustment disorder with features of anxiety and depressed mood, pursuant to section 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth).
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Senior Member A K Britton
Professor Ron McCallum AO, MemberCATCHWORDS
COMPENSATION — Commonwealth employees — Psychological injury — Whether the injury was contributed to, to a significant degree, by the employees employment by the Commonwealth — Whether the injury is a result of reasonable administrative action taken in a reasonable manner — meaning of “ suffered as a result of” —— Decision set aside
LEGISLATION
Administrative Appeals Tribunal Act 1975 – s 35
Safety, Rehabilitation and Compensation Act 1988 (Cth) – ss 4; 5A(1); 5A(2); 5B(1); 5B(3); 14
CASES
Hart v Comcare [2005] FCAFC 16; (2005) 145 FCR 29
Commonwealth Bank of Australia v Reeve [2012] FCAFC 21; (2012) 199 FCR 463
Drenth v Comcare [2012] FCAFC 86; (2012) 128 ALD 1
Re Drenth and Comcare (2011) 123 ALD 587
Re Wang and Comcare [2012] AATA 242
Wiegand and Comcare [2012] AATA 623Re Silk and Comcare [2012] AATA 638
SECONDARY MATERIALS
Comcare Jurisdictional Policy Advice (Number 12 of 2009 (issued 13 November 2009))
REASONS FOR DECISION
Senior Member A K Britton
Professor Ron McCallum AO, Member14 October 2014
Former Centrelink employee Vanessa Konstandopoulos challenges the decision made by Comcare to refuse to accept liability for her claim for compensation under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (the Act) in respect of an “adjustment disorder with features of anxiety and depressed mood”. Ms Konstandopoulos has asked the Tribunal to review the matter. For reasons we will explain, we have decided to set aside Comcare’s decision.
The parties agree that Ms Konstandopoulos was suffering an adjustment disorder (variously described) when she made her claim for compensation in June 2012. They also agree that Ms Konstandopoulos’s adjustment disorder was contributed to, to a significant degree, by her employment with Centrelink. The key issue in dispute is whether Ms Konstandopoulos’s condition was “suffered as a result of reasonable administrative action taken in a reasonable manner in respect of [Ms Konstandopoulos’s] employment”. The answer to that question turns on the following issues:
Whether Ms Konstandopoulos’s adjustment disorder was suffered as “a result of” any of the following three actions (collectively, “the disputed decisions”):
(i)the decision not to appoint Ms Konstandopoulos to the position of acting team leader (the promotion decision)
(ii)the decision not to award Ms Konstandopoulos a higher “pay point” (the pay point decision)
(iii)the refusal of Ms Konstandopoulos’s request to take six weeks annual leave in December 2011 (the annual leave decision)
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- AGLC
- Vanessa Konstandopoulos and Comcare [2014] AATA 741
- Case
- [2014] AATA 741
- Decision Date
CaseChat Overview and Summary
The Tribunal examined three employment decisions: the decision not to appoint Ms Konstandopoulos as acting team leader, the decision not to award her a higher pay point, and the refusal of her request for six weeks of annual leave. The Tribunal concluded that the anxiety disorder was not a result of these decisions but was instead due to her interactions with her manager, Manager A. The Tribunal found that Manager A's behaviour, which included undermining Ms Konstandopoulos's leadership and having mood swings, contributed significantly to her condition. However, these actions were deemed reasonable administrative actions taken in a reasonable manner. Consequently, the Tribunal determined that Comcare was not liable to pay compensation for the anxiety disorder.
The Tribunal also addressed a request by Comcare for confidentiality orders to prevent the publication of the names of two Centrelink managers mentioned in Ms Konstandopoulos's evidence. The Tribunal agreed to prohibit the publication of Manager A's name due to the personal and potentially prejudicial nature of the allegations against her. However, the Tribunal refused to prohibit the publication of the second manager's name, finding the allegations against that manager were not particularly egregious or offensive.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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