Woodside Energy Ltd v Kieronski

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WOODSIDE ENERGY LTD -v- KIERONSKI [2016] WADC 144



DISTRICT COURT OF WESTERN AUSTRALIACitation No:[2016] WADC 144
Case No:APP:90/201519 AUGUST 2016
Coram:PARRY DCJ29/09/16
PERTH
29Judgment Part:1 of 1
Result: Leave to appeal granted in relation to grounds 3, 4 and 5
Appeal allowed and decision quashed
Matter remitted to Workers' Compensation Arbitration Service for determination in accordance with law by a different arbitrator
PDF Version
Parties:WOODSIDE ENERGY LTD
CATHERINE KIERONSKI

Catchwords:

Workers' compensation
Application for leave to appeal from decision of arbitrator
Total incapacity
Disease caused by stress wholly or predominantly arising from discipline of worker
No compensable injury unless discipline  of worker 'unreasonable and harsh' on part of employer
Determination by arbitrator that discipline of worker unreasonable and harsh on part of employer
Whether question of law involved
Relevance
Content of duty of procedural fairness
Whether, if leave to appeal granted and appeal allowed, court should itself determine whether employer's conduct was unreasonable and harsh or should remit matter to Workers' Compensation Arbitration Service

Legislation:

Workers' Compensation and Injury Management Act 1981 (WA) s 5(1), s 5(4), s 5(4)(a), s 18, s 247, s 247(1), s 247(2)(a)(i), s 247(5), s 247(7)

Case References:

BHP Billiton Iron Ore Pty Ltd v Brady [2008] WASCA 250
Department of Education v Azmitia [2014] WADC 85
Evans v The Queen [2007] HCA 59; (2007) 235 CLR 521
Frost v Shire of Kalamunda [2007] WASC 322
Hope v Bathurst City Council (1980) 144 CLR 1
Housing Industry Association Ltd v Murten [2004] WASCA 139
Pacific Industrial Co v Jakovljevic [2008] WASCA 60
R v Vaughan (No 2) [2009] SASC 395; (2009) 105 SASR 532


JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
    IN CIVIL
LOCATION : PERTH CITATION : WOODSIDE ENERGY LTD -v- KIERONSKI [2016] WADC 144 CORAM : PARRY DCJ HEARD : 19 AUGUST 2016 DELIVERED : 29 SEPTEMBER 2016 FILE NO/S : APP 90 of 2015 BETWEEN : WOODSIDE ENERGY LTD
    Appellant

    AND

    CATHERINE KIERONSKI
    Respondent


ON APPEAL FROM:

Jurisdiction : WORKCOVER WA

Coram : ARBITRATOR W POWLES

Citation : A12976


Catchwords:

Workers' compensation - Application for leave to appeal from decision of arbitrator - Total incapacity - Disease caused by stress wholly or predominantly arising from discipline of worker - No compensable injury unless discipline of worker 'unreasonable and harsh' on part of employer - Determination by arbitrator that discipline of worker unreasonable and harsh on part of employer - Whether question of law involved - Relevance - Content of duty of procedural fairness - Whether, if leave to appeal granted and appeal allowed, court should itself determine whether employer's conduct was unreasonable and harsh or should remit matter to Workers' Compensation Arbitration Service

Legislation:

Workers' Compensation and Injury Management Act 1981 (WA) s 5(1), s 5(4), s 5(4)(a), s 18, s 247, s 247(1), s 247(2)(a)(i), s 247(5), s 247(7)

Result:

Leave to appeal granted in relation to grounds 3, 4 and 5


Appeal…
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Details
Case
[2016] WADC 144
Decision Date

CaseChat Overview and Summary

The case of Woodside Energy Ltd v Kieronski was brought before the court regarding a dispute over workers' compensation. The applicant, Woodside Energy Ltd, sought leave to appeal against the decision of an arbitrator who found that the respondent, Kieronski, was totally incapacitated due to a disease caused by stress. The disease arose predominantly from the discipline of the worker, which the arbitrator determined was unreasonable and harsh on the part of the employer. The primary legal issue the court had to resolve was whether the question of law involved was relevant to the content of the duty of procedural fairness. A secondary issue was whether, if leave to appeal was granted and the appeal allowed, the court should determine whether the employer's conduct was unreasonable and harsh, or remit the matter to the Workers' Compensation Arbitration Service.

The court found that the question of law involved was indeed relevant, as it pertained to the standard of discipline expected of an employer. The court held that the arbitrator had erred in considering the reasonableness and harshness of the employer's conduct without sufficient legal basis. The court concluded that the arbitrator should have assessed whether the employer's conduct was unreasonable and harsh in a manner that complied with the legal standards established in previous cases. The court also determined that if the appeal was allowed, the matter should be remitted to the Workers' Compensation Arbitration Service for reconsideration by a different arbitrator, ensuring that the determination was made in accordance with the law.

In light of the court's findings, leave to appeal was granted in relation to grounds 3, 4, and 5. The appeal was allowed, and the decision of the arbitrator was quashed. The matter was then remitted to the Workers' Compensation Arbitration Service for a new determination by a different arbitrator, ensuring that the decision was made in accordance with the applicable law.

Orders

Orders of the court

Leave to appeal granted in relation to grounds 3, 4 and 5

Appeal allowed and decision quashed

Matter remitted to Workers' Compensation Arbitration Service for determination in accordance with law by a different arbitrator

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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