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ARTICLE · 04 FEBRUARY 2021

Vexatious compensation application dismissed by Canberra AAT

Where a decision offers no benefit and is of no practical effect, proceedings may be considered vexatious and dismissed.

AustraliaEmployment and HR

Paunovic and Australian Capital Territory [2020] AATA 5070 (20 November 2020).

Key Points

  • The Tribunal was asked to dismiss an application because liability for the applicant's workers' compensation claim had been accepted and the application was considered vexatious.
  • The Tribunal heard from both parties at an interlocutory hearing and then dismissed the application for review.

Background

Mr Slobodan Paunovic commenced employment with Roads ACT (the ACT) in 1984.  In January 2017 he was physically assaulted at work, by a colleague.  In July 2017, Mr Paunovic was accused of sexual harassment and an investigation was commenced. Mr Paunovic's employment was terminated in June 2018.

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