When it comes to fiction vs reality, employee perception counts

Davies and John Holland Pty Ltd [2019] AATA 148.

Key Points:

• The Tribunal needed to determine whether a psychological condition had been significantly contributed to by employment.
• The Tribunal concluded that even though the psychological condition arose from misapprehensions, there was a sufficient connection to actual events in the workplace for the employee to be entitled to compensation.

Background:

In February 2012, Darrin Davies (an employee of John Holland) lost control of a vehicle he was operating and slid some 75 metres down a steep slope before coming to rest on some oxy bottles laying across a railway line.  Mr Davies alleged that he was asked to amend his statement regarding the incident to omit and modify certain facts.