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ARTICLE · 15 JULY 2020

Telstra win: Fed Court upholds slip & fall decision

For slip & fall cases, it is important to consider whether the injury sustained has a required connection to employment.

AustraliaEmployment and HR

Dring v Telstra Corporation Limited [2020] FCA 699.

Key Points:

  • The Federal Court was required to consider whether Ms Dring sustained an injury arising out of, or in the course of, her employment with Telstra.
  • The Tribunal found that Ms Dring sustained the injury in an interval of her employment with Telstra and, therefore, the injury was not compensable.
  • The Federal Court dismissed Ms Dring's appeal, finding that the Tribunal's decision was correct.

Background:

Ms Dring slipped and fell on wet tiles in the main foyer of a hotel on 14 April 2016. She was staying in the hotel for the purposes of attending a series of workshops conducted for Telstra. In the early evening of Wednesday 13 April 2016, Ms Dring went out socialising with friends after the workshops. They returned to the hotel at approximately 2.30am, which was when Ms Dring slipped and fell.

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