Comcare v Mather, A.J. [1995] FCA 265

Comcare v Mather, A.J. [1995] FCA 265

The grant and encouragement of local leave by the Army, and provision of transport to recreational venues, constituted an implied encouragement for the soldiers to spend the interval away from camp in social and recreational pursuits, such as attending hotels. The injuries thus occurred in the course of employment as the circumstances fell within the principle stated in Hatzimanolis. Compensation is not precluded by serious misconduct because death and serious impairment were the injuries sustained, and the statute allows compensation in such cases.

Parties
Applicant: COMCARE; Respondent: ADRIAN JOHN MATHER; Respondent: IRENE PATRICIA MITCHELL
Jurisdiction
Australia
Judgment Date
28 April 1995
Procedural Posture
Appeal / Judgment on Appeal From Administrative Appeals Tribunal
Outcome
Appeal dismissed
Legal Topics
Course of Employment, Employer Encouragement or Inducement, Gross Misconduct, Definition of Injury, Statutory Interpretation
Workers' Compensation Administrative Law Course of Employment Employer Encouragement or Inducement Gross Misconduct Definition of Injury Statutory Interpretation

Case Brief

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Parties

COMCARE

Applicant

ADRIAN JOHN MATHER

Respondent

IRENE PATRICIA MITCHELL

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Administrative Appeals Tribunal

Legal Issues

  1. 1 Whether soldiers were in the course of employment at the time of accident while on local leave
  2. 2 Whether Army expressly or impliedly induced or encouraged soldiers to spend leave in a particular place or way
  3. 3 Meaning of 'induced or encouraged' within the context of workers' compensation legislation

Ratio Decidendi

The grant and encouragement of local leave by the Army, and provision of transport to recreational venues, constituted an implied encouragement for the soldiers to spend the interval away from camp in social and recreational pursuits, such as attending hotels. The injuries thus occurred in the course of employment as the circumstances fell within the principle stated in Hatzimanolis. Compensation is not precluded by serious misconduct because death and serious impairment were the injuries sustained, and the statute allows compensation in such cases.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the costs of and incidental to the appeal, including reserved costs if any, to be taxed.