Commonwealth Bank of Australia v Wark [1995] FCA 796

Commonwealth Bank of Australia v Wark [1995] FCA 796

Ms Wark's entire rostered on-call period on the Saturday was one overall period or episode of work rather than only the discrete time spent servicing the faulty ATM. She was paid an on-call allowance and overtime, had to keep herself ready to respond to pager calls, and was thereby induced or encouraged by the Bank to spend the interval in a way consistent with that readiness. Her injury at home occurred during an interval within that overall episode and was therefore in the course of her employment, although not arising out of an actual work-related event. The Tribunal's compensation decision was upheld, but its costs order in favour of Ms Wark was set aside because she played no part in...

Jurisdiction
Australia
Judgment Date
09 October 1995
Procedural Posture
Workers Compensation Appeal / Appeal From Administrative Appeals Tribunal Decision
Outcome
Appeal dismissed with costs, except that the Tribunal's costs order in favour of the first respondent was set aside.
Legal Topics
['injury in the Course of Employment' 'on Call Employment' 'safety Rehabilitation and Compensation Act 1988 (cth)' 'appeal From Administrative Appeals Tribunal']
['workers Compensation' 'employment Law' 'administrative Law'] ['injury in the Course of Employment' 'on Call Employment' 'safety Rehabilitation and Compensation Act 1988 (cth)' 'appeal From Administrative Appeals Tribunal']

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Procedural Posture

Workers Compensation Appeal / Appeal From Administrative Appeals Tribunal Decision

Legal Issues

  1. 1 ["Whether Ms Wark's cut finger, sustained at home while rostered on call, was an injury arising out of, or in the course of, her employment under the Safety Rehabilitation and Compensation Act 1988 (Cth)." "Whether the whole of Ms Wark's rostered on-call hours constituted one overall period or episode of work, with the injury occurring during an interval within that period." 'Whether the employer induced or encouraged Ms Wark to spend the interval in a particular place or in a particular way by requiring her to remain ready to respond to pager calls.']

Ratio Decidendi

Ms Wark's entire rostered on-call period on the Saturday was one overall period or episode of work rather than only the discrete time spent servicing the faulty ATM. She was paid an on-call allowance and overtime, had to keep herself ready to respond to pager calls, and was thereby induced or encouraged by the Bank to spend the interval in a way consistent with that readiness. Her injury at home occurred during an interval within that overall episode and was therefore in the course of her employment, although not arising out of an actual work-related event. The Tribunal's compensation decision was upheld, but its costs order in favour of Ms Wark was set aside because she played no part in...

Court Disposition

Appeal dismissed with costs, except that the Tribunal's costs order in favour of the first respondent was set aside.

Orders

  • ["So much of the Tribunal's decision as awarded costs to the first respondent be set aside." 'Subject to part 1 hereof that the appeal be dismissed with costs.']