Shales and Commonwealth Bank of Australia [2017] AATA
1369
Key Points
- Commonwealth Bank defeats permanent impairment and non-economic
loss claim.
- The Tribunal was not satisfied that Ms Shales continued to
suffer from an injury that was significantly contributed to by her
employment.
Background
Ms Shales worked for the Commonwealth Bank of Australia
(CBA). On 25 November 2014, Ms Shales made a claim
for a psychological injury allegedly caused by workplace
bullying.
The CBA had initially denied liability for Ms Shales' claim
but, following a review of own motion, accepted liability for
"anxiety and depressed mood".
On 15 September 2015, Ms Shales lodged a claim for permanent
impairment and non-economic loss. The CBA denied the claim on the
basis that Ms Shales' had not met the 10% threshold required
under subsection 24(7) of the Safety Rehabilitation and
Compensation Act 1988 (Cth) (the SRC
Act).
