Watson v Qantas Airways Ltd

The appeal in *Watson v Qantas Airways Ltd* concerned a dispute over an employee's entitlement to workers' compensation. The case was heard in the Court of Appeal of New South Wales.

The primary legal issues before the court were whether the Workers Compensation Commission had erred in law in its determination of the appellant's claim, specifically concerning the interpretation and application of the phrases "in the course of employment" and "arising out of employment" under the *Workers Compensation Act 1987* (NSW). The court was required to consider whether the Commission had adequately directed itself to the binding authority of the High Court regarding injuries occurring away from the usual place of employment and the employee's home, and how to characterise an overall period of work in such circumstances.

The Court of Appeal found that the Commission had made an error of law in its assessment of the appellant's claim. The court reasoned that the Commission had failed to properly apply the relevant legal tests established by High Court authority when considering the circumstances of the injury in the context of the overall period of work. Consequently, the Commission's decision did not adequately reflect the principles governing compensation for injuries sustained away from the traditional workplace.

The appeal was allowed, the decision of the Workers Compensation Commission was set aside, and the matter was remitted to the Commission for a rehearing. The respondent was ordered to pay the appellant's costs.