In Smith v Woolworths, the arbitrator considered where a
worker's journey ended and the place of employment began, to
determine worker's compensation.
Anita Smith sustained a right eye injury on 14 May 2017 when she
was attacked by a magpie walking from the staff car park to the
main entrance of the shopping centre where she worked. Her claim
was denied and the issue for determination was whether or not the
injury was sustained during the course of her employment.
As in WA, injuries sustained on a journey to or from work are
generally not compensable in NSW. The arbitrator therefore needed
to consider where her journey ended and where the course of the
employment began.
Woolworths argued there was little connection between her injury
and her work in terms of a bird attacking her whilst she happened
to be walking to work. Her injury was also not sustained whilst she
was performing her duties and not within working hours. However, it
was held that her passage from
