The Administrative Appeals Tribunal (AAT) has found in
Sutherland and Comcare (Compensation) [2017] AATA 2596
that evidence of an employer-employee relationship before a
formalised employment contract has been executed is sufficient for
the employer to be liable for workers' compensation—a
decision that may impact future claims in Western Australia.
The facts
A worker was employed at the University of Canberra as a
lecturer and tutor from 2012. Her employment was subject to a
sessional contract for the period of 6 August 2012 to 27 February
2013. The worker was also concurrently visiting the employer's
premises throughout 2012 and 2013 to complete a PhD.
In January 2013, the worker fell down a set of steps after
buying lunch from the employer's facility. Comcare initially
accepted liability for the compensation claim but subsequently
revoked this on the basis the worker's injuries weren't
compensable as they had not been sustained during the course of
