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ARTICLE · 18 FEBRUARY 2022

Section 11A(1): Reasonable actions of employer - Does the workers perception matter?

Bartier Perry Solicitors
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A worker's perception of events will not ordinarily be relevant to determining if an employer's actions were reasonable.

AustraliaEmployment and HR
Stephen Marsh
Stephen Marsh
Kevin Chen (Formely With Bartier Perry)
Kevin Chen (Formely With Bartier Perry)
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A significant issue for employers in establishing a defence under section 11A(1) of the Workers Compensation Act 1987, is whether its actions were reasonable. 

In addressing this question does the worker's perception of the relevant events impact on what is to be considered "reasonable"?

This is discussed in the recent decision of Edwards v Secretary, Department of Education Communities  [2016] NSWWCCPD 45, 14 September 2016.

Facts & Previous Proceedings

The worker was a science teacher, teaching at a school in North Richmond from 1984. 

She had trouble controlling her students.  Between January 2008 and November 2011, she was subject to a number of performance management programs and was ultimately dismissed.

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