Electric Power Transmission Pty Ltd v D'Urso [1970] HCA 40

Electric Power Transmission Pty Ltd v D'Urso [1970] HCA 40

Where a worker is not genuinely available or willing to work for the employer, the employer cannot be said to have failed to provide suitable employment for the purpose of s. 11(2) of the Workers' Compensation Act (NSW), and compensation as for total incapacity is not available.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court (appeal by Special Leave From Supreme Court of New South Wales)
Outcome
Appeal allowed
Legal Topics
['statutory Construction' "employer's Duty to Provide Suitable Employment" 'partial Incapacity' 'total Incapacity']
["workers' Compensation" 'employment Law'] ['statutory Construction' "employer's Duty to Provide Suitable Employment" 'partial Incapacity' 'total Incapacity']

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Procedural Posture

Appeal / High Court (appeal by Special Leave From Supreme Court of New South Wales)

Legal Issues

  1. 1 ["Whether the employer failed to provide suitable employment to a partially incapacitated worker under s. 11(2) of the Workers' Compensation Act (NSW)" 'Whether a worker not genuinely available for work can claim compensation as for total incapacity']

Ratio Decidendi

Where a worker is not genuinely available or willing to work for the employer, the employer cannot be said to have failed to provide suitable employment for the purpose of s. 11(2) of the Workers' Compensation Act (NSW), and compensation as for total incapacity is not available.

Court Disposition

Appeal allowed

Orders

  • ['Appeal allowed with costs.' 'Order of the Supreme Court of New South Wales set aside.' 'In lieu, order that the appeal to that Court be dismissed with costs.']