Commonwealth of Australia v. Pearson, R.A. [1982] FCA 27

Commonwealth of Australia v. Pearson, R.A. [1982] FCA 27

It was open to the tribunal to find that the respondent's injury occurred in the course of his employment because the activity was undertaken at the encouragement and direction of superior officers as preparation for official naval ski team selection; being on leave did not preclude finding the activity was employment-related.

Parties
Respondent: Roger Anthony Pearson
Jurisdiction
Australia
Judgment Date
23 February 1982
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Injury in Course of Employment, Commonwealth Government Employee Compensation, Leave and Employment Duties
Employment Law Compensation Law Injury in Course of Employment Commonwealth Government Employee Compensation Leave and Employment Duties

Case Brief

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Parties

Roger Anthony Pearson

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent was injured in the course of his employment under the Compensation (Commonwealth Government Employees) Act 1971
  2. 2 Effect of being on leave on entitlement to compensation

Ratio Decidendi

It was open to the tribunal to find that the respondent's injury occurred in the course of his employment because the activity was undertaken at the encouragement and direction of superior officers as preparation for official naval ski team selection; being on leave did not preclude finding the activity was employment-related.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs