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ARTICLE · 02 SEPTEMBER 2011

Workers compensation injury and dismissal

Discusses the Plunkett v Silverbrook case and its resulting workers compensation decision.

AustraliaEmployment and HR

Richard Plunkett v Silverbrook Research Pty Ltd [2011] NSWIRComm 1031

Dr Plunkett was employed on a permanent basis by Silverbrook Research Pty Ltd in 2002. Silverbrook undertook advanced engineering and research, employing some 460 employees.

Dr Plunkett suffered work-related 'tennis elbow' to initially his right arm and subsequently bilaterally. He made a workers compensation claim during 2005 which was accepted. He was able to return to work on restricted duties.

Subsequently, Dr Plunkett was performance managed and the areas needing improvement were identified as communication and interaction with other employees.

Once the performance management process had begun, there were incidents involving Dr Plunkett which concerned Silverbrook. These included Dr Plunkett kicking and breaking a glass door, apparently in frustration over a performance review, refusing to communicate in anything but handwritten notes, attending work after hours at a time when he had

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