ARTICLE · 03 JULY 2014

WA Workers’ compensation 'stress claims' resulting from disciplinary meetings

Kott Gunning

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This WA arbitration decision demonstrates the influence that procedural matters may have on stress related claims.

AustraliaEmployment and HR

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The matter of Department of Education -v- Azmitia [2014] WADC 85 involves an application for leave to appeal from a WorkCover decision, where the arbitrator found that the respondent worker, Ms Azmitia, suffered a stress-related disease in the course of her employment.

The decision demonstrates the influence procedural matters have on stress related claims and their influence on the ability to plead section 5(4) defences.

Facts

Ms Azmitia alleged that she was bullied, intimidated and harassed by her supervisor, Mr Edwards, from her first day at Calista Primary School. However, her claim was lodged after Mr Edwards spoke to her at a meeting on 23 March 2012 about her work performance and mental health.

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