WorkControl Pty Ltd v Rae

WorkControl Pty Ltd sought judicial review of a decision of an Arbitrator who had determined that the company was liable to compensate the respondent, Mr. Rae, for injuries sustained during the course of his employment. The case was heard and determined in the Industrial Division of the Supreme Court of New South Wales. The principal issue for the Court was whether the Arbitrator erred in concluding that Mr. Rae had suffered an injury within the meaning of the Workers Compensation Act 1987 (NSW), and whether such injury arose out of and in the course of his employment. The Court was also asked to determine whether there was any error in the Arbitrator’s finding that the employer was liable for compensation.

The Court considered whether the Arbitrator had erred in determining that Mr. Rae had suffered an injury as defined by s 4(a) of the Act. The Court found that the Arbitrator had correctly concluded that Mr. Rae had suffered an injury as a result of the incident in question. The Court held that the Arbitrator’s decision was not affected by any error of law and that the findings were properly open to the Arbitrator on the evidence before them. The Court also found that the Arbitrator had not erred in concluding that the injury arose out of and in the course of Mr. Rae’s employment.

The Court found that the Arbitrator had omitted to make a finding that Mr. Rae had suffered an injury as defined by s 4 of the 1987 Act in the Certificate of Determination. However, the Court held that this omission did not affect the validity of the Arbitrator’s decision. The Court confirmed the Arbitrator’s Certificate of Determination and remitted the matter back to the Arbitrator to determine the remaining issues and to correct the omission in the Certificate of Determination.