ARTICLE · 04 MAY 2014

Smith v Ranger Camping & Outdoor Pty Ltd [2014] WADC 40: workers compensation

Kott Gunning

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The case clarifies principles applied when a worker is injured in an activity not strictly related to their employment.

AustraliaEmployment and HR

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Last year, in a case which achieved notoriety for its unusual facts, the High Court handed down a decision finding against a worker who was injured during sex with an acquaintance on a work related trip when a light fitting was pulled from the wall and struck her on the face.

We are now beginning to see the application of that High Court decision in lower courts, such as the WA District Court decision (on appeal form WorkCover WA) in Smith v Ranger Camping & Outdoor Pty Ltd [2014] WADC 40.

On the day of the accident, Ms Smith was driving towards Busselton to collect equipment on behalf of Ranger. During the journey, the vehicle travelling immediately in front of Ms Smith was involved in a collision. Together with other passers-by, Ms Smith assisted the injured occupants and, in so doing, witnessed the driver die from his injuries.

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