Zerjavic v Chevron Australia Pty Ltd

[2019] WADC 9

JURISDICTION     :   DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION:   PERTH

CITATION:   ZERJAVIC -v- CHEVRON AUSTRALIA PTY LTD [2019] WADC 9

CORAM:   HERRON DCJ

HEARD:   16-20 JULY 2018

DELIVERED          :   23 JANUARY 2019

FILE NO/S:   CIV 680 of 2017

BETWEEN:   ZELJKO ZERJAVIC

Plaintiff

AND

CHEVRON AUSTRALIA PTY LTD

Defendant

Catchwords:

False imprisonment - Assault and trespass - Occupier's liability - Negligence - Order plaintiff be detained as an involuntary patient - Mental Health Act 1996

Legislation:

Civil Liability Act 2002 (WA)
Mental Health Act 1996 (WA)
Mines, Safety and Inspection Act 1994 (WA)
Occupiers' Liability Act 1985 (WA)

Result:

Action dismissed

Representation:

Counsel:

Plaintiff	:	In person
Defendant	:	Mr G J Pynt

Solicitors:

Plaintiff	:	Not applicable
Defendant	:	Jackson McDonald

Case(s) referred to in decision(s):

Nil

HERRON DCJ:

Introduction

1. On 31 July 2015 the plaintiff, Mr Zeljko Zerjavic, was employed as an electrical and instrumentation technician by Kentz Pty Ltd (Kentz) at Barrow Island.  Kentz was an independent contractor of the defendant, Chevron Australia Pty Ltd (Chevron).

2. Chevron is the operator of the natural gas (LNG) project (Gorgon Project) located on and offshore of Barrow Island.  The Gorgon Project is a joint venture.  Chevron is a participant in the joint venture.

3. Barrow Island is about 1,200 km north of Perth and about 130 km off the north Western Australian coast.

4. At Barrow Island on 31 July 2015 arrangements were made for Mr Zerjavic to be reviewed by Dr Paul Gannon at the Barrow Island Medical Centre.  Although there is an issue between the parties as the reason for the medical appointment and whether there was an improper motive behind it, there is really no issue that Dr Gannon examined Mr Zerjavic in relation to Mr Zerjavic's mental health.  After consultation with Mr Zerjavic, Dr Gannon:

   (a)referred Mr Zerjavic to Fiona Stanley Hospital (FSH) for a psychiatric examination and said he suspected Mr Zerjavic should be made an involuntary patient; and

   (b)issued a Mental Health Act 1996 (WA) (MH Act) Transport Order in which he organised the police to apprehend Mr Zerjavic and take him to FSH.

5. Mr Zerjavic was then evacuated to the FSH by Aspen Medical and escorted by police officers when he was flown by a private Medivac plane to Perth.

6. At FSH Mr Zerjavic was:

   1.Psychiatrically examined and admitted as a patient at FSH on 31 July 2015.

   2.Admitted to FSH as an involuntary patient under the MH Act on 3 August 2015.

   3.Transferred from FSH to Fremantle Hospital Alma Street Centre (Alma Street Centre) on 6 August 2015.

   4.Discharged from Alma Street Centre on 19 August 2015.

7. Mr Zerjavic alleges he has suffered injury, loss and damage as a result of the circumstances which led to him being examined by Dr Gannon, forcibly evacuated from Barrow Island to FSH and being held against his will as an involuntary patient at FSH and the Alma Street Centre.  Mr Zerjavic says he did not have, and has never had, mental health issues or a mental health condition and there was no justification or proper basis for the actions which were taken in respect of him.  He says that he was unreasonably and unlawfully detained against his will.

8. Mr Zerjavic alleges that Chevron are responsible, and are to blame, for the events which unfolded and for the injury loss and damage he claims he has suffered.

9. For the reasons which follow I find Mr Zerjavic has not discharged the burden of proof upon him to prove that Chevron were responsible for, or involved in decisions which were made regarding Mr Zerjavic on 31 July 2015 and following.  I find that Mr Zerjavic has not proved he has any cause of action against Chevron for what happened to him.

10. Further, no one acted improperly in the decisions which were made and the actions which were taken regarding Mr Zerjavic.  On the contrary, everyone who was involved in the decisions which were made and the actions which were taken in relation to Mr Zerjavic on 31 July 2015 and following, acted reasonably and properly and with Mr Zerjavic's welfare and best interests in mind.  Everyone acted in good faith.

11. Accordingly, I dismiss Mr Zerjavic's action.

The pleadings

1. Mr Zerjavic represented himself at trial and has apparently represented himself throughout the course of the court proceedings.  He has signed the statement of claim and the particulars of damage which have been filed.  He also signed the outline of submissions filed for the trial.

2. Mr Zerjavic pleads in his statement of claim that Chevron was under a duty of care to him pursuant to both s 5 of the Occupiers' Liability Act 1985 (WA) and the Mines, Safety and Inspection Act 1994 (WA).  I have proceeded on the basis that Mr Zerjavic pleads his causes of action against Chevron for breaches of the duty of care under the Occupiers' Liability Act and the Mines, Safety and Inspection Act and also a general duty of care owed pursuant to s 5B of the Civil Liability Act 2002 (WA).

3. It also seem to me that, while not specifically pleaded, it is certainly implicit in the statement of claim that Mr Zerjavic brings a cause of action based on false and unlawful imprisonment and perhaps assault and trespass.

4. Paragraph 5.2 of the statement of claim alleges Chevron breached duties under the Mines, Safety and Inspection Act 'by premediated act of brutal abuse, immediately after (Mr Zerjavic) returned to the site'.

5. Paragraph 5.3 pleads Chevron made 'fabrications for Referral', which I understand to be a reference to the appointment with Dr Gannon and later the involuntarily patient transfer to FSH.

6. Paragraph 5.3 further pleads that Chevron took that action with 'DELIBERATE intention to do a harm'.

7. At par 5.5 the statement of claim pleads that text messages were sent to Mr Zerjavic with the aim of ambushing him.

8. Paragraph 7 of the statement of claim pleads that the actions in having Mr Zerjavic held as an involuntary patient constituted physical, mental and chemical abuse and was an attack on his integrity and dignity.  He alleges, in par 8, that Dr Gannon 'invented delusions'.

9. Paragraph 9 pleads that Chevron, through its safety manager, was in conflict with Mr Zerjavic which was the reason for an invalid referral to Dr Gannon, and then the transfer to FSH, following which Mr Zerjavic was kept in hospital as an involuntary patient.

10. Paragraph 11 alleges that earlier text messages before 31 July 2015 were taken out of context by Chevron and used by Chevron to invent paranoia and delusions by Mr Zerjavic, which as I understand the allegation, were used as an improper basis for the referral to Dr Gannon and subsequent transfer to and hospitalisation at FSH.

11. At par 6.2 of the statement of claim Mr Zerjavic pleads that Chevron isolated him from his co‑workers and he was not allowed access to speak to anyone or have anyone witness the events, which he alleges were planned by Chevron.  He pleads that Chevon was in 'the full control of contractors on the site and nothing can be done without (Chevron) input.'

12. Mr Zerjavic pleads that he has suffered distress and ongoing suffering, inconvenience and loss of enjoyment of life and loss of earnings and loss of earning capacity as a result of Chevron's actions.

13. By its defence Chevron pleads:

    1.Dr Gannon was a general practitioner employed by Medibank Health Solutions which was an independent contractor engaged by Chevron to provide medical services at Barrow Island.

    2.Dr Gannon made the referral of Mr Zerjavic to FSH in good faith and pursuant to s 26 of the MH Act after interviewing Mr Zerjavic.

    3.Chevron was not Dr Gannon's employer and is not liable for the actions of Dr Gannon in making the referral.

    4.If Dr Gannon acted negligently in making the referral, Chevron is not liable for his actions.

    5.Mr Zerjavic's medical appointment and attendance with Dr Gannon was directed by Mr Zerjavic's employer Kentz which was an independent contractor of Chevron.

    6.When Mr Zerjavic was escorted from his room to the medical centre where he was seen by Dr Gannon, he was escorted by security personnel who were employed by Omega Security Services which was an independent contractor of Chevron, appointed by Chevron to perform security services at Barrow Island and Chevron is not liable for the acts of Omega employees.

    7.Further, when Mr Zerjavic was escorted from Barrow Island to FSH by Western Australia police officers, the police officers exercised power pursuant to an independent statutory function and they were not subject to control or direction by Chevron and Chevron is not liable for their acts.

    8.That when Mr Zerjavic was sedated and evacuated from Barrow Island, he was evacuated by the Aspen Medivac crew who were employed by Aspen Medical which was an independent contractor of Chevron and Chevron is not liable for its actions.

14. In summary, Chevron pleads that the actions taken to have Mr Zerjavic referred to Dr Gannon and then transferred from Barrow Island to FSH were taken by Mr Zerjavic's employer Kentz and by others, who were all independent contractors of Chevron, and those actions were taken independently of and without the involvement of Chevron.  Further, the referral by Dr Gannon of Mr Zerjavic to FSH and the transport order made by Dr Gannon, in which he authorised the police to apprehend Mr Zerjavic and take him to FSH, were steps which were properly and reasonably taken.

15. Also, the decision to have Mr Zerjavic admitted as a patient to FSH on 31 July 2015 and then be admitted as an involuntary patient under the MH Act on 3 August 2015, before later being transferred to the Alma Street Centre on 6 August 2015, were decisions made and steps taken by the treating doctors, which were proper and reasonable, and which were made and taken independently of Chevron and without the involvement of Chevron.

16. Chevron denies the referral of Mr Zerjavic to FSH was based upon fabricated evidence, or was improper, negligent or unlawful.

17. To the extent Mr Zerjavic pleads a breach of a duty of care owed by Chevron to him, either pursuant to the Occupiers' Liability Act or the Civil Liability Act, Chevron pleads that no one acted negligently or in breach of a duty of care when making the decisions and taking the steps which led to Mr Zerjavic being admitted and detained in hospital as an involuntary patient.  Chevron says that the actions were taken in which the people involved perceived were in the best interests of Mr Zerjavic and others on Barrow Island.

Mines, Safety and Inspection Act 1994

1. Chevron also denies that the Mines, Safety and Inspection Act applies to its activities at Barrow Island because, as a matter of statutory construction, by s 9, the Act only applies to a mine, which is defined in s 4 to mean 'a place at which mining operations are carried on.'  The expression 'mining operations' is in turn defined to mean 'any method of working by which the earth or any rock structure, coal seam, stone, fluid or mineral bearing substance is disturbed, removed …'.  'Mineral' is defined as excluding 'natural gas or mineral oil in a free state'.

2. As the Gorgon Project is concerned with the extraction of natural gas in a free state, by definition, the mining operations are excluded from the Mines, Safety and Inspection Act.

3. Before referring to the evidence it is convenient to first consider the submission made by Chevron that the Mines, Safety and Inspection Act does not apply in the circumstances of this action.

4. There is no issue between the parties that the Gorgon Project is concerned with the extraction of natural gas in a free state.  See also, for example cl 1.1 of the contract between Chevron, KJVG, CBI Constructor Pty Ltd and Kentz Pty Ltd which describes the Gorgon Project at Barrow Island (exhibit 1.17, page 995).  It follows therefore, and I find, that the mining operations conducted at Barrow Island are, as a matter of statutory construction, excluded from the Mines, Safety and Inspection Act.  Therefore the Act does not apply in relation to the claims Mr Zerjavic brings against Chevron in this action.  I accept Chevron's submissions in that regard.

The evidence

Zeljko Zerjavic

1. Mr Zerjavic was born in Croatia on 5 February 1965.  He studied and worked in Slovenia.  He later moved to New Zealand and from New Zealand he moved to Australia in 1989.  In Australia he studied for and received an electrical licence.

2. By letter dated 17 December 2014 Kentz offered Mr Zerjavic a position as an electrician on the CBI Kentz joint venture reporting to the project manager (exhibit 1.22).

3. Mr Zerjavic accepted the offer of employment and commenced working for Kentz at Barrow Island on 15 February 2015.

4. When Mr Zerjavic commenced work at Barrow Island he lived in accommodation on board a ship which was anchored at Barrow Island.

5. Mr Zerjavic describes his position as a pre-commissioning technician or electrician which was at the late stage of construction and was involved in testing substation electrical circuits.  He was working a roster of 26 days on site and 9 days off.

Mr Zerjavic complains about smoking

1. The ship he was living on was named the 'Europa' which was docked at the port.  Mr Zerjavic described having issues with the standard of accommodation provided on board the ship including poor ventilation and inadequate air conditioning.  Of particular concern to Mr Zerjavic were people smoking on board the ship.  He believed that smoke was coming into the rooms from the smoking areas.  As a result he started sending text messages to the safety manager of Chevron, John Zvetan.  Mr Zerjavic was given Mr Zvetan's mobile number during an induction he underwent before starting work at Barrow Island.  Thereafter between 25 March 2015 and 24 April 2015 there was an exchange of text messages between Mr Zerjavic and Mr Zvetan regarding Mr Zerjavic's concern about the impact of people smoking on board the vessel.

   [The following quote is reproduced with original typographical errors]

Text from [phone] (grey box)

Text from John Zvetan (green box)

25 March 2015, 8:09pm

Hi Mate,

On Silja Europa External rooms with windows not the most of time, but all the time have ventilation contaminated with cigarett smoke – smoking area could be of the ship at least there are many other optiins one better than the other.

Thanks for the info.  Who are you?

ESS ADMITED and Confirmed that cigarette smoke is going into rooms THROGH VENT.  SYS?????? And will do nothing?????  What is the next???  Leave ship for smokers and move non smoKers to cobstruction village – SMOKING IS NOT

I will run this down.

If ESS selling cigaretts, I would not be surprised that the most ESS smokers sitting and smoking few meters below from main vent entry.  I have better things to do do than chasing such stupidities, which everyone can find in short time, with a litle bit of good will.

In simple language, if Chevron wants to provide smoking option has to do on its own cost not charging nonsmokers employed on the same project.  Smoking has never been cheap if You pay the real cost..

30 March 2015, 6:47pm

ESS Selling cigarettes and alcohol so cannot manage on its own any issue related to quality of accommodation.

You have to provide accommodation free of cigarette smoke, NOT 10% NOT 20% BUT 100%.  You do not have to provide smoking on THE SHIP.  We cannot be two days free of smoke HAS TO STOP THAT STUPIDITY.

You should know better than me how smart are smokers ( adiction is mental sickness weakness). When is not needed they are far too smart when is really needed cannot pass bottom line. You can play games with them I do not have time for such 'smartiness'.

Only 'suitable' spot for 'smoking' is Helipad??

Silja europa is next to gas pipeline and gas is comming soon DO WE NEED SMOKING NEXT TO GAS PIPLINE, IF WE REALLY NEED, BE RESPONSIBLE in that case PUT ONLY SMOKERS ON THE SHIP.

There is no need for nonsmokers to be exposed to additional double hazard.

31 March 2015, 6.43pm

ESS Smoking on deck 12 below ventilation entry points, or they smoke at unauthorised areas close to vent inlets.

I cannot close the window to stop smoke, because it is coming through ventilation sys.

Only place for smoking on Silja is The Helipad. Means not around helipad but only and only on the helipad inside yellow circle/line, with few cameras around, to monitor negative externalities of smoking.

Smoking makes people unresponsible and irrational only way to control bad habit is to draw a yellow line like one on the helipad.

If You ask for something nicely will stop few days . then will slowlly come back after one week we are at the beginning they very very 'smart' ha ha..

The best what You can do for smokers is not allow them to smoke. After few weeks the most will quit.

Once more, there is no such right like right to smoke.

Hazard which we cannot (lack of good will or skills) control we have to eliminate.

You cannot abuse and harress employees physically and verbally, ALSO YOU CANNOT ABUSE AnD HARRESS them wITH CIGARETTe SMOKE by australian law.

5 April 2015, 1.05pm

Hi mate,

There are twenty people on the deck 12 smoking two meters below ventilation entry points on deck13.

Only

20% is going into ventilation because of stronger wind. When wind is weaker 80% of smoke is going in because smoking area is closed from three sides 100 percent, and only upwards smoke can go toward ventilation entry points.

ESS is very keen to sell cigarettes and alcohol if you ask the right person for sure You will be able to get plenty of 'vitamines' Too without big effort.

At the same time there is a support ship on the left side of the ship with main chimneys ten meters away from two thirds of ventilation entry points on deck 13 left side.

There is a less vent points on the right side deck 13, BUT ALL ARE AT THE FRONT ABOVE SMOKING AREA ????????????????

Please stop that stupidity, ESS can NOT manage anything, PROVED BY SELECTION OF SMOKING AEEAS BELOW VENT ENTRIES????

TO DO THAT YOU MUST be 100% UNRESOONSIBLE AND WITHOUT ANY COMPETENCE, OR HAVE CRIMINAL INTENTIONS.

Only possible smoking area is helipad with very close monitoring. If there is any other area used on the ship the smoking HAS TO BE STOP ALL OVER ON THE SHIP – IT IS CLEAR TO ME NEITHER YOU, OR ESS HAS SITUATION UNDER CONTROL AND WILL EVER HAVE. after so many complaints on the ship probb ably close to thousand plus.!!!!!!!!!

Good Aussie

5 April 2015, 6.09pm

Thanks for the update. I am sorry that this is still going on. I have notified the folks ou there to get these issues addressed. I am going after them again.  Again I am sorry about this as well and do not think it is correct.

5 April 2015, 7.34pm

Just for information it is hard to understand that ESS Bar card get issued by KJV in two days.?? hour ago got information from friend, I do not have one.

Blue commissioning card to be issued takes four weeks plus, what is going on ???????

How long will take to get red operational card, who knows????? It is very interesting observation!

I do not have PROBLEM TO tolerate a little bit of cigarette smoke if people behaviour on responsible and respectable way. When somebody wants to be 'too smart' like ESS 'smarties' and demonstrate criminal intentions and behaviour ONLY ZERO AND ONLY ZERO level CAN BE ACCEPTED.

5 April 2015, 8.53pm

It is back of ThE ship decks 9, 10, 11, It is good chance that through cigarettes and cigarettes buTts into inlet vents DUCTS to hide THEM If suddenly somebody comes through the doors OR EASY WAY TO DISSPOSE?????And they smoke very smelly shit maybe even 'vitamines' from kitchen supplies?????????

IT IS NOT ABUT STUPIDITY, IT IS ABOUT CRIMINAL BEHAVIOUR AT THE FIRST ESS MANAGEMENT. THERE ARE CAMERAS INSIDE AND OUTSIDE doors DECKS 9, 10, 11, HOW MANY OFFENDERS THEY CAUGHT????

Simple question even more simple answer.

Thanks for this detail

8 April 2015, 4.23pm

Hi Mate,

Cigarettes butts and burning cigarettes or burning vitamines SHIT from the kitchen supplies in Ventilation Ducts ARE VERY VERY SERIOUS BREACHES OF SECURITY.

SOMEBODY CAN EASILY RELEASE POISON GAS ON THE SHIP into ventilation ducts and kill many hundreds people.

AND YOU AND YOUR ESS KNOW NOTHING?????????????????

IT WAS LOOKING THERE are SOME RUSSIAN SPIES – AGENTS ON THE SHIP ALSO COULD ISAS.

They have been very loud at tuesday on the ship, the reasoanable people they show respect to social and natural environment and they keep quiet.

Too noisy ones you have to watch very carefully to find out what is the problem with them or what kind of problem they have ????

Good Aussie

8 April 2015, 9.29pm

Do not tell me You employed putin's mafia criminals to maintain the ship, 'alcoholics and shit smokers'.

What came into ventilation on Sunday evening, came from back of the ship and quiet quickly???

There is a very good chance that has been Dropped into system FROM INSIDE internally???????

We HAVE VERY VERY SERIOUS SECURITY ISSUE IF You do not know what was burning and where has been placed AND BY WHOM in ventilation ducts. I got near full headache very soon. WHOLE SHIP WILL HAVE TO BE CHECKED VERY VERY CAREFULLY AND PUT UNDER FULL SURVEILANCE!!!!

9 April 2015, 9.40pm

Sorry Mate,

We cannot feel safe on ship on which putin's mafia can breach security twenty times per day.

During storm ship was sailing north just straight on the edge of the storm two days, WHY.

We had 40% of residents sick during trip from 'sea sickness'??? Did anyone investigate what kind of 'sea sickness' has been involved.

There was large number complaints regard FUMES in ventillation system. Anyone ever investigated what kind of fumes and FROM WHERE IT WAS ORIGINATED???????

I am afraid for WELLBEING AND SAFETY OF RESIDENTS WE HAVE TO SEND THIS PEACE OF SHIT BACK TO PUTIN'S MAFIA BEFORE FALLS APART (OR MANY PEOPLE GET KILLED) AND WILL NOT BE ABLE TO CROSS INDIAN OCEAN, AND BRING PROPER REAL CRUISER FROM CROATIA INSTEAD ECONOMY FERRY FULL OF COCROACHES FROM PUTIN'S MAFIA. You should know VERY well that small mad dwarf wIth rat face and name putin, CANNOT BRING ANYTHING GOOD TO ANYONE ON PLANET EARTH.

You cannot follow germany and france to take from mad dwarf raw materials and give him the newest military technology so he can attack NATO FRIENDS AND THREATEN NATO member STATES – For sure that cannot be responsible and sensable parten of behaviour.

Will not bring great future to World and EU.

France and Germany do not have intelectual rationality and Responsibilties to lead EU. They caused lot of rubbish in the past and will repeat in the future no doubts regard that part at all.

10 April 2015, 6.42am

Simple Questions to wonder!!

If we employ professionsl stuff on the ship the last thing What they will TRY do filling customer rooms with Fumes. In real life very soon will not have any customer.

If they are not professionals WHAT ARE THEY ???

If somebody drops one burning cigarette into vent duct for 100 or 200 rooms because of big air flow should not be large concentration in one room.

Somebody droping 50 cigarettes or less closer to rooms, or what is really burning and where ?????

It is questions what is burning in ducts and also how big is FIRE HAZARD NOT ONLY SECURITY AND HEALTH hazards.

There is no windows on the ship, it is fully sealled ideal for terrorist action, or publicity sick sickers.

Cigarette smoke smell can be used as masking agen to for poison gas cheap not fully without smell???

23 April 2015, 8.58pm

Hi Mate,

The most smokers in 'smoking area sitting bellow stairs to deck 13, next to entry door to deck 12. Left of the stairs glass wall, on the right side ventilation entry points on deck. 13.

Ask ess to send you few pictures to see competence of those which selected smoking areas.

Ther is no right to smoke but SEALLED rooms must provide are free of smoke and fumes.

Sick Behaviour of ess in professional terminology is DEFINED UNDER NAME 'PASSIVE AGGRESSIVE' behaviour or in simple language Passive Bulling and ABUSIVE Behaviour.

The 'smokers' on deck 12 have to be at least five meters AWAY from the entry door to inside deck 12 EVEN IF WE FORGETT EVERYTHING ELSE???????

You cannot have smokers on deck 12 around stairs to deck 13 and next to entry door to inside deck12????? Around door deck 12 is not fully open area even if, it is SAMEs APPLIES, but it is not.

IF YOU DO NOT employ semiprofossionals What are they??? Abusive hulligans and terorist or what is going on.

Ship is very easy target for terorist attack, fire disasters, and any kind of abusive behaviour needs a little bit more professional approach.

Once more, ess cannot sell cigaretts and alcohol and profit and manage 'quality' of life on the ship IMPOSSIBLE task. They do not have management and competence even for much less.

You cannot expect from adictive people radtional and responsible behaviour.

Got it I will re contact the folks again. Thanks

24 April 2015, 4.27am

Smoking shall be min 15m away from the DECK 12 door and stairs towards open area at the front.  Crew has to use same door and stairs to get on deck 13 from inside deck 12 for equipment locatted at deck 13. At the moment if they want to avoid smoking have to walk extra 350m to get from the other side.

How is possible that ess do not want to understand basics. Ess must get facts into their heads that there is no such right like right to smoke specially not as the right with the highest level of priority.

If there is no conditions for smoking then THERE IS NO SMOKING.

1. Mr Zerjavic said he also sent an initial message to Mr Zvetan on 14 March 2015.  I will later refer to Mr Zvetan's evidence in which he said he did not receive that message.  I accept, as I do with another message Mr Zerjavic said he said he sent to Mr Zvetan on 31 July 2015 at 9.22 am, that although Mr Zerjavic typed the message and tried to send it to Mr Zvetan it was not in fact received by Mr Zvetan probably because of the format in which it was sent.  The message which Mr Zerjavic typed and tried to send to Mr Zvetan (exhibit 1.1.A) reads as follows:

   [The following quote is reproduced with original typographical errors]

   Zel to Zvetan 14/03/2015 Sat MMS12:25

   Dear Mr Zvetan,

   On Ship Silja Europa has been noticed there is a cigarette smoke in ventilation system for rooms from time to time.

   Smart male receptionist has been informed, but his response has been like, information about health and safety hazards stop at his end and is not going any further.

   His position is ; smoke is coming into ventilation system from deck 12 smoking area and depends on whether – wind we have more or less smoke in sleeping rooms, HE CANNOT do ANYTHING??????

   By his response it is clear there was many complaints in the past but nothing has been done, ?????????

   I do not know positions of vent air inlets and authorised or not authorised smoking areas???

   RESPONSIBLE POSITION IS:

   Smoke is health and fire hazard nobody has to provide smoking areas EVERYONE HAS TO PROVIDE WORKING AND SLEEPING AREAS FREE OF CIGARETTES SMOKE.

   If there is no other way to stop smoke to get into vent system , ESS has to stop selling cigarettes and ship must be smoke free all over.  That gives opportunity to put rubber mats on deck 13 and have walking area on deck 13 and former smoking area at deck 12 what will be much better for anyone on the ship.

   He cannot say ESS management does not allow me to do anything because ESS selling cigarettes and alcohol.

   ESS high management, demonstrate too much unreasonable good will to support alcohol and cigarettes consumption just because of little extra profit????

   There is a clear CONFLICT OF INTEREST the same organisation 'tries' to provide QUALITY OF ACCOMMODATION plus sell as many cigarettes and alcohol, mission impossible.

   By experience of many, generally smokers akso drinks alcohol generate abusive noise makes rooms smelly, litter camps areas and environment, with cigarette butts, and rubbish.

   If somebody cannot control bad habit like smoking it is good chance it is not able to control many other 'habits' related to quality and safety on professional way.

   I am not anti smoker just rational person.

2. From Mr Zvetan's and Mr Driscoll's evidence I find that on 1 April 2015 Mr Zvetan sent copies of all of Mr Zerjavic's text messages received between 25 and 31 March 2015 to Mike Creedy, the KJVG manager, employee and industrial relations.  On 5 April 2015 Mr Zvetan sent an email to Bill Strachan, KJVG HES manager asking him what actions were being taken to address Mr Zerjavic's complaint.  On 24 April 2015 Mr Zvetan forwarded the copy of Mr Zerjavic's text messages of 23 and 24 April 2015 to Mike Creedy and others.

3. Mr Zerjavic was then contacted by a Darren Driscoll who was the IR person in Kentz.  Mr Driscoll called Mr Zerjavic into his office.  The end result was that Mr Zerjavic was taken off the vessel and provided with accommodation in the camp onshore (ts 94).

4. The next day Mr Zvetan was informed by email that it had been decided to remove the person sending the text messages from the Europa to the accommodation camp on Barrow Island.

5. In April 2015 while Mr Zerjavic was on a break from work and was at his home in Perth he was visited by police officers who discussed with Mr Zerjavic his complaints about what he said was happening on board the Europa.  Mr Zerjavic alleged that Chevron expected police to lay criminal charges against him because of his complaint about smoking on board the ship.  Mr Zerjavic said that police told him they cannot go on board the ship or Barrow Island to investigate anything unless invited by Chevron, from which he drew the conclusion it was clear that Chevron had requested police to come on board the ship to investigate Mr Zerjavic's complaints about smoking, but did not ask them to talk to him or allow him to show police where people were smoking outside non-designated smoking areas.  Mr Zerjavic said he told police that smoking on the ship was a fire hazard and also people smoking in non‑designated areas raised a security issue (ts 92 - 94).

Mr Zerjavic complains of workplace incident June 2015

1. Nothing further of significance happened until Mr Zerjavic complained about an incident when a supervisor, Zorgan Gorich, spoke to him in what he regarded as an offensive way about Croatians and how they worked.  Mr Zerjavic regarded the behaviour as very unprofessional.  Mr Zerjavic thought Mr Gorich was abusive towards him because of his earlier complaints of smoking.  Mr Gorich was a Kentz supervisor (ts 99).

2. Mr Zerjavic said that he did not want to put in an official complaint, he just wanted to warn field management.  He was concerned that the worker might lose his job, so he decided just to put in an official email to KJV.  The email (exhibit 1.50, pages 1289 to 1290) was sent on 14 June 2015 and reads:

   [The following quote is reproduced with original typographical errors]

   Dear Madam/Sir,

   There is a one white hat which has no problem to say to your blue hat that by his opinion/'experience' ALL CROATs have 'BOILING HEADS' ??????????????

   Just ask your white hats who has such or similar 'opinion'.  He did not have problem to say to me there so is no reason why he would not express SAME PRIVATE opinion to Your!!!!!!!!!!!

   JUST RELEASE THE QUESTION???

   PLEASE BE MORE PROFESSIONAL and RESPONSIBLE in selecting your SUPERVISORY STUFF, and at minimum explain everyone of them , there is at least one CROAT without 'BOILING HEAD'.

   Also that is VERY VERY UNPROFESSIONAL LOADING OUR WORK PLACE WITH THEIR PRIVATE DISABILITIES.

   If he JUST said, that BY HIS OPINION I have boiling head!!!

   I would not care or say anything, will just assume he is uneducated, rude, unresponsible, unprofessional and with limited cognitive capabilities???? Just CKJV

   BUT HE SAID ALL CROATS NOT ME ?????????

   It is written for you to help you to improve your business capabilities.

   Good WA Ausieeeee

3. Nothing happened immediately after Mr Zerjavic sent that email.  About 10 days later the commissioning manager, John Regan, called him to the office and asked why Mr Zerjavic sent the email.  John Regan was employed by Kentz.  Mr Zerjavic said that Mr Regan's concern was not about the content of the email but why he sent it to someone outside Kentz.  Mr Zerjavic said that he sent the email because his main problem was with the supervisor and he had been abused by supervisors and could not send complaints to them.  He did not want to press any direct complaint but just wanted to raise the issue so that management was aware of it.  Mr Zerjavic did not believe that Mr Regan was able to take any action.

4. Mr Zerjavic was later moved from the pre-commissioning into the construction area at the beginning of July.  He was working in that area when the events which are central to Mr Zerjavic's allegations occurred.  He explained the area as being quality control and quality assurance, where substations were starting to being energised.  Mr Zerjavic then worked in that area for 2 ½ to 3 weeks.  He was working with the supervisor, Zorgan Gorich, which is the person about whom Mr Zerjavic had made the complaint about abusing him.

5. Mr Zerjavic regarded the group with whom he was working as disorganised and there were issues with abusive behaviour.

Workplace incident 21 July 2015

1. On 21 July, the last day before Mr Zerjavic went on rest and relaxation (R & R), with other workers he was testing a substation.  Mr Zerjavic was unable to finish the testing before he commenced his R & R.  He was concerned about leaving the substation in the condition that had not been fully tested.  He put the covers back on the panel and closed it.  While he was doing that, a supervisor criticised him for not having a spotter who worked with a person working on energised equipment for safety reasons in case the person suffered an electrical shock.  Mr Zerjavic said the supervisor shouted at him so that everybody could hear that he was working without a spotter but, Mr Zerjavic, said that he had not done any work, he was just making the panel safe so he could leave.  The supervisor then put in a complaint that Mr Zerjavic had worked without a spotter.  The person was called 'Simsy'.  He was employed by Kentz.

Mr Zerjavic makes written complaint July 2015

1. When Mr Zerjavic returned to Perth he was concerned that Simsy would make a complaint against him for working without a spotter and therefore decided to put in an official complaint to a Kentz superintendent, Gresley Davis (ts 107 – 108).

2. He then sent an email to Mr Davis via a co-worker, Boris Mocnaj.  The email was sent by Mr Zerjavic on 24 July 2015 (exhibit 2)

3. After asking Mr Mocnaj to send him the email address of a supervisor, Robert Hillman, who was a Kentz supervisor, Mr Zerjavic then sent an email to Mr Hillman on 27 July 2015 (exhibit 1.35):

   [The following quote is reproduced with original typographical errors]

   Hi Rob,

   Seemses's extraodinary interest regard my private body parts it is much

   more serious OFENCE than just abusive and offensive language it is CRIMINAL ACT specially in isolated environment AS BARROW ISLAND, and must be treated like that.

   If You have any obstructions from Greese contact Safety Manager from Chevron

   Mr John ZVETAN 0428 937 794.

   If You do not REACT ON VERBAL ABUSE, TO AVOID CONFRONTATION,

   HE IS ATTACKING YOUR INTEGRITY AS Responsible

   and PROFESSIONAL PERSON.

   Such ACT OF AGGRESSION has been PREMEDITATED, well planed, well known trick in professional practice.

   It is same situation, like when rapist start with verbal abuse (OFFENSIVE LANGUAGE) and if victim thinks it is just a frirndly 'JOKE'

   and does react or do not go away after 'friendly' abuse continues with real physical and sexual abuse.

   What started with 'friendly' offensive and abusive language continue with sex attac and offender claims that has been with consent of victim, because victim did not react on verbal abuse at beginning, because she was thinking it is just 'joking'.

   To be clear You should ask for help from professionals.

   He uses very offensive language with female employee under cover of 'joking', and to be accepted into

   work environment they accept 'jokes' which do not have place in professional

   and responsible work environment with full respect for any individual.

   You have to warn them regard consequences PROFESSIONAL AND PERSONAL in accepting such

   conversation at work place. Some people do not react because they think will be easier to keep job

   and it is part of work environment (not really professional one, but you keep quiet to get money).

   OFFENSIVE AND ABUSIVE LANGUAGE DO NOT HAVE PLACE IN RESPONSIBLE

   WORK ENVIRONMENT,

   DOES NOT MATTER IF HAPPENED WITH CONSENT OR WITHOUT - any doubts

   contact

   professionals.

   It is same like rapist start with verbal abuse and continue with sexual attack because he claims victim accepted verbal 'conversation' abuse so the rest had been just miss understanding NOT CRIMINAL ACT!

4. Later, he sent a further email to Mr Hillman on 28 July 2015 providing more detail about his complaint (exhibit 1.38, pages 1264 to 1265):

   [The following quote is reproduced with original typographical errors]

   Hi Rob,

   Offender is Seemsee or something similar, small fat guy which Grees returned from the construction back to QA/QC so he got new wings. You have names not me. I will give You more about him so there is no way You can get wrong even if You want.

   Day before on Monday (20/07/15 afternoon )he showed extraodinary interest for my private body parts.

   We were sitting in the container  waiting for the end of the day.

   When I asked him about the length of the cable for lights which he tested, he answered to me:

   ' How long is your dick'

   I immediately cuttoff his abusive and offensive language toward me with

   'I did not ask for that?'

   Then, when he saw that he has gone far too far just said;

   'I was joking'.

   I gave him very clear message if you cannot be responsible and professional person keep away from me and no more any conversesion.

   I told him;

   'Do not joke with me, mate'

   Nobody in the container have any problem to understand my english.

   Container got frozen for twenty seconds.

   He uses abusive and offensive language all the time, claims he is a 'bloke', he has

   special rights to do that.

   When he abused Alex, he was talking to guys around that they cannot

   put him of the site just because he is a 'bloke'.

   I never heard any 'sorry' words from him, only he has 'rights' to be abusive and offensive,

   because he is a 'smart bloke'??????

   When I went to the site Chevron-CKJV asked me to sign papers regard professional and

   responsible behaviour. If I said ' I want to be a bloke' the smartest kid in the block,

   they would not allow me to come to the Barrow.

   I am not sure what is in his case, but it is clear person does not have any idea what is the

   professional

   and responsible behaviour,

   No idea what is the difference beetween container and ENERGISED HV SUBSTATION

   WITH FEW HUNDREDS

   MEGAWATTS OF SHORT CIRCUIT POWER.

   He started 'joking' with me in the container, did not finished on his way, next day he

   wanted to take advantage

   of the situation with my spotter, wanted to continue 'joking' in the energised HV

   SWITCHROOM WHEN I HAD TO MAKE SAFE FOR OTHERs

   ENERGISED EQUIPMENT.

   His extraodinary interest for my private body parts has not been appreciated from my side.

   That day I have been very NICE AND POLITE WITH HIM, I cannot garantie that will

   be all the time like this if offender continues talking about my private body parts and

   persist in his abusive and offensive language -behaviour.

   JUST KEEP HIM AWAY AS FAR AS POSSIBLE FROM ME,

   SPECIALLY WHEN I WORK ON ENERGISED EQUIPMENT .

   He has done grafiti on the tables in the container not only with pen, he was using

   screwdrivers too.

   Those tables are for all  off us. Nobody likes to work in area where 'blokes' shitting into

   your plate and shitting

   onto your working table - does not sound very professional and responsible work environment.

   He also knows all his mates which joined him in grafiti project.

   In attachment is switchroom event.

   Such person shall never be allowed to come to the project, Who allowed him to go into

   energised

   HV switchroom and to be the 'boss' there?????

   Kind Regards,

   Zeljko Zerjavic

Mr Zerjavic starts sending text messages to Mr Zvetan - 28 July 2015

1. At the same time, Mr Zerjavic sent a text message to Mr Zvetan on 28 July followed by further messages on 29 July.  On 29 July Mr Zvetan responded, following which Mr Zerjavic sent a series of further text messages, which became increasing vitriolic, from 29 July to 31 July at 9.44 am while Mr Zerjavic was still on Barrow Island.  I reproduce the text messages:

   [The following quote is reproduced with original typographical errors]

Text from [phone] (grey box)

Text from John Zvetan (green box)

28 July 2015, 9:00am

(2/2)

In current situation the most employee try to avoid CONFRONTATION in aim to be accepted and keep job.  Quality and safety suffer but still they get money.  Purpose of "jokes" is to attack personal and professional integrity (it is not ONLY offensive and abusive behaviour) of the person what is CRIMINAL OFFENCE, not only misconduct.

So SCUM CAN breed in such environment.  We all signed to get on the site to be professional and responsible individuals and with respect for anyone else, NO PLACE FOR JOKES ANDE BLOKES.

Like any criminl Seemsee talk he has right to be "bloke" and have right to "joke".  Never heard appologie or sorry words from him VERY STRANGE for person which really likes jokes??

Also if "joke" is not accepted he tries using his mates to attack together like wild doggies in pack with support from Superintendent Grees.

Nice and honest person like me will not be rude with somebidy like me, those alcoholic and abusive ones I just take glass of milk go at the front of them and can easily confront twenty of them not just few.  You do not talk just watch them, that makes them very nurvous.. ha..ha.. SEEMSEe made some mistakes, did not expect that after Grees gave him new wings and cleared him from ALL OFFENCES?  I was watching situation for some time to see who is who.

Kind Regards

Zeljko Zerjavic

29 July 2015, 6:25am

Hi John,

Grees behaviour is totally unsafe and unprofessional.  He is keeping somebody has to prove (and put offical complain with PAID STAMP DUTY?????) that his mate made abusive criminal or unsafe act.  You have prove in environment controlled by Grees and without any power except to be threaten by Grees to lose job before or later????? Same threat for any person which can be used as WITTNESS?????

He fogotten he is employer and have duty of care, What means.

EVEN IF THERE IS NO OFFICAL COMPLAIN, HE HAS TO INVESTIGATE AND CHARGE OFFENDER, BECAUSE OF DUTY OF CARE AND TO PROVIDE SAFE WORK ENVIRONMENT

ALL INCIDENTS MUST BE REPORTED CONDITION OF EMPLOYMENT AND MANY OTHER CONDITIONS IN UNIQUE WORK ENVIRONMENT AS BARROW ISLAND.

If you walk on the street You do not have report incident on Barrow Island You have, HUGE DIFFERENCE, he is manipulating basics, requirements, facts on totally wrong and negative – unsafe way.

Like in my case he shall investigate what happened in container even if I never mention event to him because has BEEN wittnessed by many and he had information and DO NOT NEED ANY COMPLAINT WITH 'STAMP DUTY'.

HE DOES NOT NEED EVEN ANY INFORMATION FROM ME, BUT HIS BEHAVIOUR IS DIRECTED INTO TOTALLY OPOSITE DIRECTION AGAINST DUTY IF CARE AND INTO UNSAFE DIRECTION – NEVER HEARD FOR FAIL SAFE??????

Regards

Zeljko Zerjavic

29 July 2015, 9:03am

Hi John,

There is simple prove how far  has gone into wrong direction manipulation and unprofessional behaviour BY CKJV WHITE HATS

We have BLUE HATS WITHOUT ANY VENTILLATION HOLES AT THE TOP.

You can call such hard hat PPE at UK or Antartica, BUT NOT EVEN IN PERTH.

NOW IMAGINE TO HAVE THIS RUBBISH ON BARROW ISLAND IN HUMID HOT AND EXTRENE SUN RADIATION CONDITIONS.

STILL WHITE HATS ARE TALKING ABOUT HEAT STRRESS AND HEAT STROKE, hydration and similar are they fully blind leaders of safety???

I can give them 5$ just to get blue hat shell with holes and use same harness from current one.

Is it big deal to get half container of plastic shells from China.  THERE ALSO on the site SMALL NUMBER OF BLUE HATS WITH BIG SIX HOLES "delivered by mistake" ??????????

Kind Regads

Zeliko Zerjavic

Thanks for the info but perhaps you should address this with the HES folks on site as well as your supervisor.  There are also IIF Action Teams that can assist.  All of these can escalate the issue to the folks who can deal with it appropriately.  Thanks again.

29 July 2015, 12:35pm

Hi John one small fact,

My case would not exist if Grees has done properly with incident-abuse between Alex and Seemse.  Abuser would not get another chance.

Such abusive behaviour it is not private issue beetween Alex and Seemsee but it is safety for any person on the site.

She cannot claim abuse and back down for any reason.

If she claims what did not happen she has to go.

If abuse happened and she backdown even without any external pressure just to keep abuser on the site it is not possible because happened at work place and it is giving CHANCE to ABUSER TO ATTACK SOMEBODY ELSE AND next time abuser can be 'smarter'.

More costly to deal with case.

Seemse was talking to his mates "he cannot be removed from the site just because he is bloke?"

Also he said "It is my word against her word".

Those parargaphs telling as ABUSE HAPPENED AND HAS BEEN PLANNED AND PERSON HAS PLENTY OF EXPERIENCE IN ABUSIVE BEHAVIOUR well planned in the front.

We have to go back to that case.

If she backed off without pressure from Grees she and Seemsee has to go off the site,

 if she back down because Grees, Grees and Seemse has to go, otherwise is pointless to talk about safety and incident reporting.

Things will be solved on professional way, or other much more expensive way for everyone specially Chevron.

Do not talk regard Chevron reputation.

Please keep blokes in QLD pubs and only responsible personal on the site.

29 July 2015, 5.02pm

Thanks John,

I gave all required information to superintendent and supervisor and hopelly all work has been done.

It is not my private issue, it is they duty of care and responsibilty to provide RSPCA animal rights for every worker at Gorgon.

I am professional person, do not use alternative medicine, alternative science, will not have to much time for alternative safety if there is no any professionals on the site.

If I have to waste time with trade assistants in bricklayernig scuffolding, and QLD TA in electrical work to try explain what is the danger in HV energized switchroom and how electricity is stored in four dimensions and travel through space not copper in four dimensions.

Even the smartest anglosexon A. Einstein did have whole picture regard those things.  How I can expect from Gorgon Safety Experts to follow that.

I preffer say "SORRY MATE THIS ALL JUST A BIG JOke"

I said sorry, really feel sorry for all of us.

I preffer say "SORRY MATE THIS ALL JUST A BIG JOke"

I said sorry, really feel sorry for all of us. We are  destroying planet earth to feed and breed idiots and already passed point where there is no return, so things are not critical it is already too late.

To feel better I will contact my sister's doughter to help me with issue.  She is working for jews company in Croatia very soon she will get some science PhD in UK at age 27, sounds much better than croatian one, but probably worth much less in education than electrical trade in Croatia 30 years ago.

You know ladies they are not too smart, but they are full of ambitions.

Kind regards

Zeljko Zerjavic

30 July 2015, 8:52 am

Few more facts for better view.

In pre-commissioning there is a QLD electrician lost licence for six months drink driving no problem to get job with CKJV.  There are huge number of better electricians in WA which never lost their licence driving or electrical.

I never lost one demerit points in sixteen years ..ha .ha and drive more than normally.  You must be real talent to lose licence.

I have information to precommissioning manager that there is a supervisor with opnion expressed to me (not private talk and did not ask for any opinion) that all croats have "boilling heads". Person is not criminal, did not put official complaint,. He is just uneducated and unprofessional idiot so asked Reagan Jones to ask his supervisory team who thinks that croats have "boiling heads". (to find more talents)

For award he move me without my permition from precommissioning to construction inlet area.

I am employed as commissioning profrssional not as construction electrician.

In inlet area before R&R one electrician was talking that in internet he found police criminal record in pedofelia of one CKJV Managers in Inlet Area.

With such talents in top CKJV roles you just imagine what is going on your site.

Person like me is far from well informed.

Zeljko Zerjavic

31 July 2015, 9.44am

Dear John,

There are some mistakes in message before – limits in number of characters, still should be quiet clear for professionals not dummies.

You do not need my case just reinvestigate Alex case with professional and responsible team.

All  'joking' has not been iniated by me, only by CKJV manipulators with plenty of joking abusing practice.

Kind Regards,

Zeljko Zerjavic

1. Mr Zerjavic sent the text messages to Mr Zvetan because of his concerns with what he regarded as safety issues and abusive behaviour at work.  He wanted Mr Zvetan to investigate his complaints because he was concerned Kentz might not take him seriously.

2. Mr Zvetan did not reply until 29 July following which Mr Zerjavic raised further safety issues which he had heard from co-workers but which had not, in his view, been dealt with appropriately.  Mr Zerjavic sent the complaints to Mr Zvetan because he was raising issues with two supervisors and so could not raise the problems he had with them.

3. Mr Zerjavic returned to Barrow Island on an afternoon flight on 30 July.  Before he returned to the island an official complaint about Mr Zerjavic was made to the CKJV IR department (ts 117).

Events of 31 July 2015

1. Nothing further happened on the day Mr Zerjavic returned to Barrow Island. He was not due to start work until the next day. The next morning Mr Davis met him and took him to the IR office where Mr Zerjavic was told he had to talk to John Lord. Mr Lord was an IR advisor. They discussed the complaint Mr Zerjavic had made about when he was working on the energy switch room on the last day before he started his R and R. Mr Zerjavic did not agree with what Mr Lord told him. Mr Lord then took Mr Zerjavic to Darren Driscoll's office. Mr Zerjavic said that Mr Driscoll told him without any explanation that he was sending Mr Zerjavic for a mental assessment. Mr Zerjavic did not want to have a mental health assessment and wanted to leave the site. After a short wait Mr Zerjavic was taken to his room at the camp. Mr Zerjavic started packing his suitcase because he wanted to get the first flight out of Barrow Island. When he had finished packing his suitcase he started sending messages to Mr Zvetan to inform him what Mr Driscoll and Mr Davis were doing. He sent two messages, one at 9.22 and one at 9.44. The 9.44 message is reproduced in the table at [54] above.

2. Mr Zerjavic only had a copy of the 9.22 text message retained on his phone and the parties have by agreement reproduced the text message in type written form.  The MMS message Mr Zerjavic attempted to send to Mr Zvetan at 9.22 reads as follows:

   CHV John Zvetan

   0428937794

   31/07/2015 Fri

   Hi John,

   I keep Chevron fully responsible for those unprofessional munipulatoions which CKJV is doing to me at the site.

   Please send all four of them on medical evaluation on the same one which they sent me to independent real professionals in Perth NOTTHEIR GP or nurs, or maybe even dummy on the site.  Wheatstone do not have doctor on the site only nurse and not all the time ???

   In my case their argument is You sign chevron's paper that You will not be abusive offensive, and will not by any means support or accept abusive and offensive behaviour; WE ALL SIGN THAT BUT ON THE SITE DEPEND ON POLITICAL SITUATION.  everything allowed depend on who us who.  In this case things has escolleted very far because to unprofessional people You have to give clear ditection and follow up if you want keep safely on the site.

   Regard profiling criminal minds it is not my invention, it is from friend which for many years worked with criminal police in such cases with plenty of professional knoledge and expertise.

   Forget my case which should not happen if Grees mate has not been  released from the abuse of Alex.  Alex case must be investigated.

   Seemse told Grees women on the site shall be kept far away from ecah so they cannot talk together.  Seemsee told his mates to justify offensive behaviour I have right to be a blocke?

   Seemsee' Said It us my word against her word.

   I will not make conclusion PLEASE CONTACT PROFESIONAL MEDICAL AND POLICE PEOPLE TO translate that state of mind into practice on the site nanaged BY CKJV, You sign to get on the site, and late 'Joke' without any responsibility.

   At the end I accepted to check my state of mind just need on the paper WHO IS SENDING ME WHERE AND FOR WHAT.  Go only to real Professionals in PERTH.

   Otherwise I have to publish on phacebook and tweeter small handbook (TRUE STORY) for those which want to keep jobs under any conditions, How to treat Weomen and how to keep jobs on Chevron contsructions sites – production facilities.

   MMS 09:22

3. I will later refer to Mr Zvetan's evidence.  He confirmed he received the 9.44 text message but said he did not receive the 9.22 message.  I accept that while Mr Zerjavic typed and attempted to send a text message to Mr Zvetan at 9.22 the message was not in fact received by Mr Zvetan, probably because of the MMS format in which it was sent.  Nothing turns on the fact that Mr Zvetan did not receive the message sent at 9.22.  However, the earlier text which Mr Zerjavic attempted to send puts the later message into context.

4. Mr Zerjavic explained he sent, or tried to send, the messages to Mr Zvetan because, referring to what Mr Driscoll and Mr Davis were doing (ts 122):

   I finished packing the suitcase then I had extra time and then starting writing message to John Zvetan to inform what these people are doing there. They just want – they don't say anything of what is the reason, they just – a workplace disagreement if you disagree, somebody from the emergency mental health case because it's strictly written in the Mental Health Act 2014. You can have any kind of thing and nobody can force you because of that and the mental assessment and I didn't understand what kind of rights he has on the other side. I was thinking why he wants to waste his management time. He only had four – four people around me. Why he wants to waste management time when I ask to leave the island and just allow me to leave the island and finish.

   Yes?  Because normal practice has been many complain about supervisors or some other complaints and they're not accepted will be problem to continue to work and it's better to leave the island because you'll be a target of abuse or similar stuff.

5. Later that morning Mr Driscoll and Ms Ann McDermid, a CKJV injury management advisor, met Mr Zerjavic at his room and then took him to the medical centre.  They were accompanied by personnel from Omega Security.  An appointment for Mr Zerjavic to be seen by the doctor had been arranged for 2.00 pm.

6. Mr Zerjavic then attended upon Dr Gannon who spoke with and assessed Mr Zerjavic.  Mr Zerjavic said that Dr Gannon did not explain to him what he was doing, what rights Mr Zerjavic had and what authority he had to review Mr Zerjavic.  Mr Zerjavic did not ask any questions.  Mr Zerjavic said that probably around 1.00 o'clock Dr Gannon put a needle into his hand after telling him if he did not want the needle he would have to put Mr Zerjavic in handcuffs and they would still put a needle into him to sedate him.  Dr Gannon told Mr Zerjavic it was just salty water that he was being injected with.  Mr Zerjavic accepted the needle because he did not think he had any options and he did not want to have a confrontation (ts 125).

7. Mr Zerjavic was then taken by ambulance to the airport where there was a small aeroplane with a doctor waiting to take Mr Zerjavic back to Perth.  Mr Zerjavic said he was strapped into a small seat.  There were two policeman accompanying him.

8. He was then flown to Perth and taken by ambulance to FSH on 31 July 2015.  He was accompanied by police officers (ts 124 - 127).

9. Mr Zerjavic was admitted to the mental health ward for assessment.  He said he was reviewed and assessed by a number of doctors and nurses.

10. Mr Zerjavic believed there was no basis upon which he could properly be admitted to and held at FSH.  He believed, and continues to believe, Chevron were behind and were responsible for, him being admitted to and kept in FSH.  Mr Zerjavic said he was abused while he was in hospital.  He alleged doctors were aggressive towards him.  He questioned the doctors' advice and the medication they were prescribing him, which is when the doctors became particularly abusive towards him.  He said the doctors did not accurately or properly record what he told him and also alleged they fabricated some of the medical records (ts 135 - 136, 140, 202, 326).

11. He said (ts 137):

    That has been much shorter interview with this lady on Sunday.  She just told me - I'm not sure what she wanted to say.  She just said everything that, 'Chevron is responsible for your retention', that, 'You're very, very sick in this trial', and that my insight is not good.  They're asking why I'm there.  I said, 'I - I don't know why I'm there.  Only I can assume that is Chevron responsibility because of my text messages', because at that moment I didn't have anything.  Neither the GP on Barrow Island didn't give me copy of referral or any other documentation.

12. While Mr Zerjavic was in hospital he continued to send text messages to Mr Zvetan.  Mr Zerjavic sent Mr Zvetan a series of text messages on and after 31 July 2015.  The first text message was sent at 7.37 pm.  It appears a number of text messages were sent at the same time.  Further text messages were sent at 9.08 pm on 31 July.  On 1 August and 2 August Mr Zerjavic sent a series of text messages to Mr Zvetan.  The text messages are reproduced.

    [The following quote is reproduced with original typographical errors]

Text from [phone] (grey box)

Text from John Zvetan (green box)

31 July 2015, 7:37pm

Dear John,

Any idea what have you done with your and Chevron reputation to protect CKJV guys without any competence and professional responsibility.

Every policmen was smiling and every security officer was smailing.

Doctor in airplane could not smile when saw WHAT KIND OF JOKE IS GOING ON.

You took out of service WHOLE DAY emergency doctor and emergency airplane USED TO SAVE PEOPLES LIVES, legs arms, future in service where every minute COUNTS, feel duty?? Responsible and professional people just turning heads AROUND CANNOT BELIEVE THAT SOMEBODY CAN BE SO UNRESPONSIBLE.  At the moment doctor is one hour from airplane and nothings is happening. WE ARE IN EMERGENCY DEPARTMENT, I AM SORRY TO TELL you THAT MY CASE IS not any priority or emergency SO WE WILL WAIT MORNING – doctor and plane used to save lives whole night out of service.

You still like jokes and jokes – blokes on your site.  Your safety situations because of CKJV jokes is three times over my imagination.  The latest facts.

Regards,

Zeljko

Hi John,

Do not forget police, Ambulance, Paramedics, bay in emergency department and so on.  Money is important only if you do not have it, once you got it the rest is fully exposed THERE IS NOWHERE TO HIDE.

No culture no future. Gorgon does not benefit from any unprofessional behaviour and lack competence.

Use professional and responsible individuals and life is easy.

31 July 2015, 9:08 pm

Do You remember siR STALJIN president of soviet union, after second world war he was sending OVEREDUCATED and professional PEOPLE 2000 km away to Sibiria on state of mind assessments. SHAME OF PROUD OF COPYCAT.

Hi Mate,

Taking bad and bay in hospital payed by WA taxpayers from people in real need on Friday night.

FEEL LIKE OVEREDUCATED JEW IN NAZI CAMP MANAGED BY CHEVRON.

Also feel like OVEREDUCATED RUSSIAN JEW SEND ON STATE OF MIND ASSESSMENT 2000KM Away to SIBERIA By MISTER PRESIDENT V. STALJIN.

How do You feel?  still like human and not modern one?? Keep in mind our behaviour degenerate our mind and soul accordingly WE DEGENERATE TOGETHER WITH OUR BEHAVIOUR no exemption.

To feel good you must be good and doing good things. The challenge is to be good one all the time. Rubbish everyone can be, no any challenge.

Regard,

Jew from nazi camp managed

by chevron.

1 August 2015, 9:51am

Hi John Zvetan,

Do you understand only on Gorgon and Wheatstone there are 10,000 workers if anyone get injured yesterday between 11am and 23pm there is no emergency to take injured person or will come with huge delay.

What for, to protect lack of competence and responsibility four guys in CKJV, something what nobody can protect.

Equipment is Comming from South Korea do not comply with Australian standard and do not get tested by australian standard.

Australian standard is not quality standard it is a minimum legal requirements.

Kind Regards,

Overeducated jew from nazi concentration camp managed by CHEVRON.

Overeducated russian jew sent by STALJIN ON STATE OF MIND ASSESSMENT TO SIBERIA 2000km away.

1 August 2015, 4:25pm

Dear John Zvetan,

The first hydro powerstation built in USA BY CROAT.

The first hydropowerstation built in Europa has been built in Croatia.

Kind Regards,

From

Overeducated jew in nazi concentration camp managed by CHEVRON.

Overeducated Russian jew sent by STALJIN-CHEVRON FOR state of mind assessment TO SIBERIA 2000km away.

Dear John Zvetan,

The first torpedo on the World built in croatian port Rijeka factory torpedo.

The first pen on the world made in Croatian factory pen-kala.

Kind Regards,

From

Overeducated jew in nazi concentration camp managed by CHEVRON.

Overeducated Russian jew sent by STALJIN-CHEVRON FOR state of mind assessment TO SIBERIA 2000KM away.

1 August 2015, 10:17pm

Dear John Zvetan,

Do You understand your criminal 'doctor' from buttler park called airplane and declare me like emergency.

Emergency doctor imediately said I am not emergency, and COULD NOT BELIVE THAT SOMEBODY CAN BE SO STUPID AND UNRESPONSIBLE.

HE ALSO FIGURED OUT IN FIVE MINUTES WHAT KIND OF JOKE IS GOING ON.

THERE IS NO WAY TO HIDE FROM THE PROFESSIONAL PEOPLE.

Even police knows this IS copycat from STALJIN BY CHEVRON nobody talks about CKJV.

Kind Regards,

From

Overeducated jew in nazi concentration camp managed by CHEVRON.

Overeducated russian jew sent by STALJIN-CHEVRON FOR state of mind assessment TO SIBERIA 2000km away.

2 August 2015, 5.34am

Dear John Zvetan,

When I came back after discussion regard my complaints and saw with what kind of criminals and unresponsible CKJV Emplyee I have to deal, I MADE FINAL DECESION TO LEAVE GORGON AND fly HOME AND HAVE beeN far from EVEN UPSET state..

TREATMENT BY YOUR CRIMINAL DOCTOR FROM BARROW UPSET ME what is normall reaction of any healthy person.  My upset has been far from any STATE OF MIND which 'requires' such crininal treatment, AND HAS BEEN REACTION ON CRIMINAL ABUSE BY YOUR DOCTOR NOT EVENTS BEFORE.

Do You understand your criminal 'doctor' from buttler park called airplane and declare me like emergency.

Emergency doctor imediately said I am not emergency, and COULD NOT BELIVE THAT SOMEBODY CAN BE SO STUPID AND UNRESPONSIBLE.

HE ALSO FIGURED OUT IN FIVE MINUTES WHAT KIND OF JOKE IS GOING ON.

THERE IS NO WAY TO HIDE FROM THE PROFESSIONAL PEOPLE.

Even police knows this IS copycat from STALJIN BY CHEVRON nobody talks about CKJV.

Kind Regards,

From

Overeducated jew in nazi concentration camp managed by CHEVRON.

Overeducated russian jew sent by STALJIN-CHEVRON FOR state of mind assessment TO SIBERIA 2000km away.

Dear John Zvetan,

You criminal team from CKJV became 'worried' about my state of mind when I already finished discussion (I asked them to get professionals or no point to waste time further) and made FINAL decesion to leave project and fly back home same day or next day in the morning.

CKJV GANG HAS not been worried about my state of mind but explanations why I leave project if somebody put the question.

By smiling police officers and flying doctor which immediately saw that I am not emergency, and could not understand how somebody can be so stupid and unresponsible to use airplane emergency service for CRIMINAL MISSUSE OF MEDICAL PRACTICE

INDICATES

THERE IS A GOOD CHANCE THAT I AM NOT THE FIRST SUCH CASE WHO RECEIVED CRIMINAL AND ABUSIVE TREATMENT BY CKJV MNG AND 'DOCTOR' ON BARROW.

You independt doctor IS VERY DEPENDENT AND HAS BEEN CALLED AND ARRANGED BY 'CRIMINAL DOCTOR' FROM BARROW.

Kind Regards,

From

Overeducated jew in nazi concentration camp managed by CHEVRON.

Overeducated russian jew sent by STALJIN-CHEVRON FOR state of mind assessment TO SIBERIA 2000km away.

2 August 2015, 7:41am

Dear John Zvetan,

NOW YOU SHALL HAVE CLEAR PICTURE.

THEY DID NOT ALLOWED ME FREELY TO GO OFF THE ISLAND AND THEY COMMITTED SERIOUS OF CRIMINAL OFFENCES.

YOUR CRIMINAL DOCTOR HAS BEEN EVEN SO STUPID HE PUT THAT I HAVE BEEN EFFECTED BY PRODUCTION GASES – I NEVER WORKED IN OPERATIONAL AREA ON ISLAND.

YOU CAN JOIN CRIMINALS AND BECOME KING OF THE MONKEYs, BUT STILL JUST a MONKEY.

I PREFER TO BE ASSISTANT TO ANY PROFESSONAL RESPONSIBLE PERSON THAN KING OF THE MONKEYS.

By smiling police officers and flying doctor which immediately saw that I am not emergency, and could not understand how somebody can be so stupid and unresponsible to use airplane designated for emergency service for CRIMINAL MISSUSE OF MEDICAL PRACTICE

INDICATES

THERE IS A GOOD CHANCE THAT I AM NOT THE FIRST SUCH CASE WHO RECEIVED CRIMINAL AND ABUSIVE TREATMENT BY CKJV MNG AND 'DOCTOR' ON BARROW.

You independt doctor IS VERY DEPENDENT AND HAS BEEN CALLED AND ARRANGED BY 'CRIMINAL DOCTOR' FROM BARROW.

Kind Regards,

From

Overeducated jew in nazi concentration camp managed by CHEVRON.

Overeducated russian jew sent by STALJIN-CHEVRON FOR state of mind assessment TO SIBERIA 2000km away.

1. Mr Zerjavic explained that he sent the text messages to Mr Zvetan while he was in the emergency department because Mr Zvetan was the high level Chevron safety manager and he wanted to inform him what was happening (ts 131).  He also sent emails through Mr Mocnaj to report what was happening to him and to warn Chevron to 'try to disable Chevron to try to use the same methods for any other person' (ts 135).  He wrote to Chevron to tell them what they had done with him was disrespectful and he held them responsible (ts 140 - 141).

2. As I have earlier summarised, Mr Zerjavic was admitted as a patient at FSH on 31 July 2015 and admitted as an involuntary patient on 3 August.  He was later transferred from FSH to the Alma Street Centre on the 9 August 2015 where he remained until being discharged on the 19 August 2015.

3. A considerable part of Mr Zerjavic's evidence in chief was taken up with him talking about his experiences at FSH and the Alma Street Centre.  Mr Zerjavic strongly expressed the view that there was never any lawful or proper basis for him being admitted to and kept in hospital.  He was not unwell.  He rejected the advice he was given.  He refused to take medication he was prescribed.  He said the doctors became angry with him, especially when he confronted them and questioned their advice and why he was being detained.  He told them that he was being abused against his will.  He complained he was not allowed to have contact with anyone.  He said he was polite and nice and when he questioned them they reacted aggressively.  He challenged them because they took his money and because he did not have any spare, clean underwear.  He questioned how they could care about his health if they did not understand he needed clean underwear and socks.  They also took his phone and tablet.  He said being in hospital was worse than being in prison because he was not able to walk for exercise.  He believed the medication he was prescribed caused weight problems and imbalance.

4. When they asked him for his Medicare details he told them he would not give the details because he did not regard the medical treatment they were providing him as legitimate.

5. During this time he sent SMS messages to Mr Zvetan accusing Chevron of being disrespectful and misusing emergency medical services (ts 139 - 141).

6. When Mr Zerjavic was taken to the Alma Street Centre he was taken with an ambulance and a police escort.

7. He said the staff at the Alma Street Centre were more aggressive than they were at FSH.  He did not discuss anything with them and just followed their advice and took the medication as prescribed.  He spent one week in a closed ward and then was moved to an open ward following which he was discharged.  He was not given any documentation when he was discharged.  Upon discharge he went home on his own (ts 144).

1. Further, I am satisfied that when Dr Fenner made the involuntary patient order on 3 August he did so properly and in accordance with the provisions of the Mental Health Act 1996, specifically s 43 and s 26.  I accept that because Dr Fenner believed Mr Zerjavic was in the middle of an episode of psychiatric illness that he was authorised by the Mental Health Act to make the involuntary patient order and that he did so properly.  I reject Mr Zerjavic's submission that Dr Fenner, or anyone at either FSH or Fremantle Hospital, acted improperly and was not authorised to deal with and treat Mr Zerjavic as an involuntary patient under the Mental Health Act 1996.

2. I am further satisfied that the subsequent decisions to keep Mr Zerjavic in FSH and to later transfer him to Fremantle Hospital and the Alma Street Centre were reasonable and proper and taken out of genuine concern for Mr Zerjavic's health and welfare and for the purposes of fully assessing and monitoring his mental health condition.  I am satisfied that at all times all doctors and medical staff who dealt with Mr Zerjavic did so because they determined he needed care.

3. Throughout the trial Mr Zerjavic, particularly having regard to the challenges he faced representing himself, generally presented his case competently and capably and was able to cross-examine witnesses to put his case to them.  Clearly, from the way in which he presented his case, Mr Zerjavic retains an unshakeable belief that Chevron is responsible for all that happened to him on 31 July 2015 and following when he was detained in hospital.  In my view there is no proper or reasonable basis for that belief.  It may be that Mr Zerjavic has formed that belief because of the initial text messages he sent to Mr Zvetan about the conditions on board the Europa, following which he was moved to the Butler Park accommodation.  It may be that because Mr Zerjavic was moved to the Butler Park accommodation following his complaints to Mr Zvetan about the conditions on board the Europa he has concluded that Mr Zvetan or someone in Chevron took steps to move him or was reasonable for him being moved to Butler Park.

4. I am satisfied Mr Zvetan was not responsible for and had no involvement in Mr Zerjavic being moved to the Butler Park accommodation.  I accept that Mr Zvetan did nothing more than forward the text messages received by him to those persons who were responsible for deciding what action to take.  Mr Zvetan played no part in the decisions which were taken.  I accept that Mr Zvetan did not know who Mr Zerjavic was or who was sending the text messages and did not know what action was taken after he forwarded the text messages to others.

5. Against that background, Mr Zerjavic's belief that Chevron was responsible for all that happened may also be based upon the fact that after he started sending further text messages to Mr Zvetan on 28 July, when he was in between shifts and back in Perth, following which he was directed to meet Mr Lord on 31 July, soon after he returned to Barrow Island on 30 July, Mr Zerjavic has concluded Mr Zvetan or someone from Chevron was behind the decision to meet with and speak with Mr Zerjavic and later direct him to attend upon Dr Gannon.  If that is the basis upon which or the reason for Mr Zerjavic forming that belief, it is misplaced and unfounded.  As I have already found, there is no proper or reasonable basis for forming that belief.  I accept that Mr Zvetan did no more than forward the text messages to Mr Zerjavic's employer, or those responsible for his working conditions, and that Mr Zvetan had no involvement in, and indeed had no knowledge of, the decisions which were subsequently taken regarding Mr Zerjavic on 31 July.

6. It is also clear from the way in which Mr Zerjavic conducted his case that he maintains he was justified both in sending the text messages to Mr Zvetan and in the content of the messages.  He maintains he was not suffering from any psychiatric illness and there was no basis for him being directed to attend upon Dr Gannon and therefore for Dr Gannon to order that he be psychiatrically assessed and be evacuated from Barrow Island for that purpose.  Further, because he was not suffering from any psychiatric illness, there was no basis upon which he should have been held as an involuntary patient.  In that belief and state of mind I can well understand why Mr Zerjavic maintains the position he presented at trial.  However, in my view, there is, as I have already found, no proper or rational basis for that belief.

7. The doctors concluded that Mr Zerjavic might be delusional and not in touch with reality.  His text messages reflected an obsession with workplace issues and did not seem to reflect the reality of what had happened.  The messages were harassing in tone and bizarre or alarming in content.  The messages were out of all proportion to what had happened.

8. During his closing address I took Mr Zerjavic to some of the text messages he sent to Mr Zvetan while he, Mr Zerjavic, was hospitalised at FSH. I referred him to the text messages of 2 August reproduced above at [69]. Mr Zerjavic submitted that the reference in the hospital records to aggressive and threatening behaviour was a fabrication, and as I understood the submission, Chevron was in some way responsible for that fabrication. Mr Zerjavic also submitted that Dr Gannon, and each of the doctors who reviewed him at FSH, were incompetent. Mr Zerjavic submitted that Dr Gannon, because his employer Sonic Health Plus was contracted by Chevron, was under the direct control of Chevron management. He questioned whether Chevron really wanted a fully independent doctor because of the need to make bonus and compensation and insurance payments. He submitted Dr Gannon was under pressure by Chevron to refer him for psychiatric assessment. Mr Zerjavic did not accept that Dr Gannon acted because he was concerned about Mr Zerjavic's health and welfare (ts 616 - 623).

9. From the way in which he conducted his case, and in particular the submissions he made in closing, Mr Zerjavic continues to lack insight into why both the volume and content of his text messages would be seen as aggressive, threatening, bizarre and out of touch with reality.  Notwithstanding what in my view is the clear and uncontradicted evidence of Dr Gannon and Dr Fenner, together with the evidence of Mr Zvetan, Mr Driscoll and Mr Lord, Mr Zerjavic continues to believe there was some sort of conspiracy between Chevron, the doctors and others, including the police, to evacuate Mr Zerjavic from Barrow Island and detain him against his will in hospital.  He lacks any insight or understanding into why people took the actions they did.  He continues to refuse to accept people acted out of genuine concern for his health and welfare.  He does not believe he was acting aggressively or in a threatening manner and does understand or accept why, from the text messages alone, people would have been concerned about him.

10. He believes, and submits, that because the Gorgon Project was a Chevron operation and that because Barrow Island was a Chevron site that no action could be taken with respect to all employees without the say so or authority of Chevron.  I reject that submission.  There is no evidence to support it.  At all times Mr Zerjavic was employed by Kentz and subject to their directions, instructions and authority.  Kentz made the decision to direct Mr Zerjavic to attend upon Dr Gannon.  Chevron was not involved.

11. In my view, the provisional opinions of the doctors and the decisions made by them were properly or soundly based.  Further, as Mr Zerjavic's employer, I would have had significant concerns about the state of his mental health from the volume and content of the text messages sent to Mr Zvetan.  Those concerns would have been amplified because of Mr Zerjavic's uncooperative and confrontational attitude when he was spoken to first by Mr Lord and later by Mr Driscoll.  He believed they were acting unprofessionally and, essentially, overacting to his text messages.  In my view, each of Mr Lord and Mr Driscoll quite properly formed the view that, because of the content of the text messages and Mr Zerjavic's attitude when he was spoken to, he posed a risk not only to himself but also to others on the worksite and that for those reasons he needed to be referred to Dr Gannon for medical assessment.

Conclusion

1. Whether Mr Zerjavic's cause of action against Chevron is based upon a statutory or a common law duty of care, or whether it is based on a cause of action for false and unlawful imprisonment or assault and trespass, I find that Mr Zerjavic has not discharged the onus of proof upon him of proving Chevron breached its duty of care to him or caused Mr Zerjavic to be falsely and unlawfully imprisoned or unlawfully assaulted and trespassed against.  I find Chevron did not take any action and was not involved in any decisions, nor did it have any knowledge of any decisions, which were made on 31 July 2015 and subsequently which led to Mr Zerjavic's evacuation from Barrow Island and his hospitalisation at FSH and Fremantle Hospital as an involuntary patient.  Any decisions which were made and actions which were taken were taken independently of Chevron, by people acting independently of Chevron.  Chevron did not direct or instruct anyone to make any decisions or take any actions regarding Mr Zerjavic.  Nor was someone acting on behalf of, or with the authority of Chevron, such that Chevron is vicariously liable for their actions.

2. The initial decisions made and actions taken were made or taken by Mr Zerjavic's employer Kentz, or the CKJV.  The decision taken by Dr Gannon to make the order that Mr Zerjavic be psychiatrically assessed and to also make the transport order to allow for the assessment to occur and then to arrange for Mr Zerjavic to be evacuated from Barrow Island and transported by FSH were taken by Dr Gannon independently of and without reference to Chevron.  Dr Gannon made those decisions and took those actions solely based upon his independent assessment as a medical practitioner.

3. The decisions made to have Mr Zerjavic detained at FSH for psychiatric assessment were made by doctors independently of Chevron.  The decision by Dr Fenner on 3 August to declare that Mr Zerjavic be detained as an involuntary patient was based solely upon his assessment as a psychiatrist.  Neither he, nor anyone at FSH or Fremantle Hospital, were directed or instructed by Chevron to order that Mr Zerjavic be declared an involuntary patient and detained in hospital.  Nor where they acting on behalf of Chevron.

4. Furthermore, I am satisfied that the decisions made and actions taken by everyone involved were reasonable, sensible and taken out of genuine concern for Mr Zerjavic's health and welfare.  Each of the decisions made were soundly based and justified.  I am satisfied from the content of the text messages sent by Mr Zerjavic to Mr Zvetan and also from his emails, that properly and reasonably viewed, those messages, particularly the content of them and the repetitive nature of them, would have raised in any employer, or principal contractor, reasonable concerns, and in any medical practitioner, serious concerns, about Mr Zerjavic's mental health, and the safety risks he posed, both to himself and fellow workers, if he was permitted to continue working.

5. In summary, I am satisfied that those persons who were reasonable for the decisions which were made and the actions which were taken concerning Mr Zerjavic, acted properly and reasonably and even had causes of actions been brought against them, they were not in breach of any duty of care they owed to Mr Zerjavic, nor was any other cause of action established.

6. I dismiss the action.

Whether damages should be provisionally assessed

1. By his amended statement of claim and particulars of damages filed for the trial, Mr Zerjavic limited his claim for damages to what he believed was the court's jurisdictional limit of $750,000.  Essentially, Mr Zerjavic claimed general damages for emotional trauma and damages loss of earnings and loss of earning capacity (ts 43 - 44).  He did not seek any medical treatment and did not call any medical evidence as to any harm or damage he claimed he suffered as a result of Chevron's purported actions.  Mr Zerjavic produced very little evidence about any financial loss or damage he claims to have suffered.  While, as I have previously noted, he maintains a strong belief that he was wrongly and unlawfully detained, and that Chevron was motivated by malice, there is very little, if any, evidence he has suffered any harm or trauma because of what happened to him, though I readily accept that a person who believes he has been detained against his will, will feel aggrieved about that and might be entitled to some damages if there was a finding the actions were improper and unlawful.  However, because I have formed the view that there is no proper basis for Mr Zerjavic's allegations I am of the view that it is not appropriate to make any provisional assessment of damages and accordingly decline to do so.

2. I will hear the parties as to costs.

I certify that the preceding paragraph(s) comprise the reasons for decision of the District Court of Western Australia.

KG
Associate to Judge Herron

22 JANUARY 2019