ARTICLE · 06 JULY 2019

Fed Court decides that Tribunal reasons fall short

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The judge accepted that adequate reasons were not provided so the matter was remitted to the Tribunal for reconsideration.

AustraliaEmployment and HR

Rebecca Tloczek

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Comcare and ZZRP [2019] FCA 952.

Key Points:

Comcare appealed a Tribunal decision to the Federal Court on the basis that it failed to apply the appropriate statutory test and did not provide adequate reasons for its decision.
Justice Flick accepted that adequate reasons were not provided and the matter was remitted back to the Tribunal for reconsideration.

Background:

The applicant, ZZRP, was employed by the Australian Taxation Office (the ATO). In May 2011, he lodged a claim for workers' compensation for a back injury. After returning to work, ZZRP claimed that he was harassed by his new Manager. He submitted a claim for workers compensation in respect of "depressive disorder" and "anxiety state". Liability to pay compensation for his psychological condition was accepted pursuant to section 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (the SRC Act).

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