sarwar v michael pagesarwar v michael page [2001] NSWCC 71

sarwar v michael pagesarwar v michael page [2001] NSWCC 71

The applicant did not suffer a psychological injury for which compensation is payable as any psychological harm was caused by reasonable action taken in relation to her dismissal. The physical injury claims (from the printer lid incident) were not substantiated as causing incapacity or necessitating treatment. The evidence favored the respondents and the applicant is not entitled to any compensation or expenses claimed.

Jurisdiction
Australia
Judgment Date
11 May 2001
Procedural Posture
Workers Compensation Claim / Judgment
Outcome
Award in favour of both respondents; applicant’s claims dismissed.
Legal Topics
['psychological Injury' 'sexual Harassment' 'termination of Employment' 'reasonable Action of Employer']
['workers Compensation Law'] ['psychological Injury' 'sexual Harassment' 'termination of Employment' 'reasonable Action of Employer']

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Procedural Posture

Workers Compensation Claim / Judgment

Legal Issues

  1. 1 ['Whether applicant suffered psychological injury arising out of or in the course of employment' 'Whether any injury was caused by reasonable action of employer under s 11A of the Act' 'Entitlement to compensation for physical injury to head, neck, and shoulders']

Ratio Decidendi

The applicant did not suffer a psychological injury for which compensation is payable as any psychological harm was caused by reasonable action taken in relation to her dismissal. The physical injury claims (from the printer lid incident) were not substantiated as causing incapacity or necessitating treatment. The evidence favored the respondents and the applicant is not entitled to any compensation or expenses claimed.

Court Disposition

Award in favour of both respondents; applicant’s claims dismissed.

Orders

  • ['Award for first respondent' 'Award for second respondent']