Full Federal Court — [2018] FCAFC 26 (26 April 2018)

Tribunal — [2017] AATA 1228 (8 August 2017)

The employee claimed compensation for a psychological condition after his employer transferred him under a ‘regular mobility process’ (RMP) policy. The RMP policy provided that employees could be moved between divisions after they had worked in one division for over three years.

Comcare denied liability because the transfer under the RMP policy was a ‘reasonable administrative action taken in a reasonable manner’ (RAA) in respect of the employee’s employment. The Tribunal set aside Comcare’s decision, finding that the transfer was not an RAA because the RMP Policy applied to all employees and was not directed specifically to the employee.

• it was not part of the employee’s ordinary work duties;
• it was not a direction about the employee’s duties or how to perform those duties;
• even though the RMP Policy applied to all employees, the transfer decision was directed specifically to the employee and his employment.

Tribunal — [2018] AATA 670 (26 March 2018)

The employee suffered a physical injury while playing netball at the Department of Human Services (now Services Australia) Games, held over a weekend.

Comcare denied liability because the injury did not arise out of, or in the course of, his employment. While the employer promoted the games, participation was voluntary and participants had to arrange their own travel and accommodation.

• The employee was not deemed to be in the course of employment because a weekend away is not being ‘temporarily absent’ from work at the direction or request of the employer (s 6(1)(c)).
• Because the injury occurred on a weekend, there needed to be a closer association with employment before the injury could be compensable. The Tribunal stated that this may have been satisfied if the employer directed or requested that the employee attend the games. It was not sufficient that the employee was induced or encouraged to attend.