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ARTICLE · 15 NOVEMBER 2015

State of Connection refined for workers compensation

This decision simplifies the "principal place of business" test, which should be helpful to employers and underwriters.

AustraliaEmployment and HR

A case summary of Ethnic Interpreters v Saeed Sabri-Matanagh [2015] WASCA 186

This was an appeal against an award made in favour of the claimant (respondent) Mr Sabri-Matanagh, an interpreter who had been injured as a result of an assault on 22 October 2011 during the course of his employment on Christmas Island.

The appellant (employer) had disputed that compensation was payable under the Workers' Compensation and Injury Management Act 1981 (WA)(CI) (WCIM Act) on the basis that the employment was not connected to the Territory (Christmas Island).

On 3 October 2013, the appellant had brought an application in the District Court of WA under s23C of the WCIM Act seeking an order that the claimant's employment was connected with New South Wales. Chief Judge Martino in the District Court decided that the employment was connected with Christmas Island, (which pursuant to the Christmas Island Act 1958 (Cth)(CI Act), meant with WA) and dismissed the application.

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