Comcare: unreasonable management action re: bullying & harassing

Kosteski and Comcare [2014] AATA 217

COMPENSATION – definition of injury – excludes diseases or injuries resulting from reasonable administrative action taken in a reasonable manner – injury resulted from being told to return to a workplace where she perceived she had been bullied and harassed – employer on notice of perception – should have been clear to employer that insistence on a return to that workplace would likely result in an injury – not reasonable – decision set aside and substituted

Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 5A5B4(1), 14(1)

Brisbane Barrister – David Cormack

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