Williams and Australian Postal Corporation

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2006] AATA 695

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No N2005/559

GENERAL ADMINISTRATIVE  DIVISION		)
Re		SHIRLEY WILLIAMS

Applicant

And AUSTRALIAN POSTAL CORPORATION

Respondent

DECISION

Tribunal Ms N Bell, Senior Member

Date11 August 2006

PlaceSydney

Decision The decision under review is affirmed

...................[sgd]..............

Ms N Bell
  Senior Member 

COMPENSATION – Depressive Condition – Liability Accepted for Aggravation – Claim for Compensation Relating to Further Aggravation – Further Incident Found to be Aggravation of Condition – Tribunal Found Aggravation Arose Out of Applicant’s Failure to Receive a Benefit – Overtime – Applicant Does Not Meet Definition of Injury – Decision Under Review Affirmed.

Safety, Rehabilitation and Compensation Act 1988 (Cth)

REASONS FOR DECISION

11 August 2006 Ms N Bell, Senior Member

1.               Mrs Shirley Williams began working with Australia Post in 1994.  In the late 1990’s she developed depression and obtained private treatment for the condition.  In June 2004 she made a claim for compensation following incidents at work that had exacerbated her condition.  Liability was accepted by Australia Post for “limited aggravation of depressive disorder”.  Mrs Williams returned to work and proceeded as best she could with her condition, “keeping her head down” and concentrating on building her house with her husband who also worked at the Mail Centre.

2.               The weeks leading up to Christmas are a busy time at Australia Post.  It is common ground that Mrs Williams, sometime between 5:00 am and 6:00 am on 20 December 2004, was towards the end of her shift and working on overtime.  She and her colleagues were working to meet the usual deadline of having mail sorted in time to meet the delivery truck at 6:00 am.  In Mrs Williams’ opinion, she and her colleagues were on track to meet the deadline.  However, an Australia Post Delivery Manager, Graeme Hislop, thought otherwise and marshalled a number of “Christmas casuals” to move into Mrs Williams’ work area and complete the task.  Mrs Williams objected to this, had a heated discussion with Mr Hislop and left the site.  She returned to work the next evening and had a further discussion with the Mail Centre Manager, Wayne Robinson, became distressed and again left the site.  She has not returned to work and retired on medical grounds on 22 April 2005.  Mrs Williams contends that her pre-existing psychiatric condition was further aggravated by these incidents. 

3.               Australia Post contends that if there was aggravation it was of a temporary nature and that, in any event, an exclusion in the Safety, Rehabilitation and Compensation Act 1988 (the Act), relating to employment benefits exempts Australia Post from liability.

issues

4.               Section 14 of the Act provides that Australia Post is liable to pay compensation in respect of an injury suffered by an employee if the injury results in death, incapacity or impairment.  Section 4 of the Act defines “injury” to include a disease, injury or aggravation of an injury arising out of, or in the course of,…