Lim v Comcare [2019] FCAFC 104

Lim v Comcare [2019] FCAFC 104

The Tribunal did not commit an error of law in its findings. It properly confined its determination to the statutory question remitted by the previous full court: whether Dr Lim would have suffered her condition if the performance appraisal had not occurred. On the available evidence, including medical opinion, it was established that her condition would not have arisen absent the appraisal, and such action was reasonable and reasonably taken. No ground of appeal was made out.

Jurisdiction
Australia
Judgment Date
25 June 2019
Procedural Posture
Appeal / Judgment on Appeal From Tribunal Decision
Outcome
appeal dismissed
Legal Topics
['psychological Injury' 'compensation' 'reasonable Administrative Action' 'performance Appraisal' 'scope of Remitted Matter' 'adequacy of Tribunal Reasons' 'error of Law']
['administrative Law' 'compensation Law' 'employment Law' 'human Rights'] ['psychological Injury' 'compensation' 'reasonable Administrative Action' 'performance Appraisal' 'scope of Remitted Matter' 'adequacy of Tribunal Reasons' 'error of Law']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Tribunal Decision

Legal Issues

  1. 1 ['Whether the Tribunal provided adequate reasons for its decision under s 43(2B) of the Administrative Appeals Tribunal Act 1975 (Cth)' "Whether the appellant's psychological condition was suffered as a result of reasonable administrative action taken in a reasonable manner" "Whether the appellant's condition would have arisen absent the performance appraisal" 'Scope of matter remitted for redetermination by the Tribunal' "Whether the Tribunal's reasons disclosed errors of law"]

Ratio Decidendi

The Tribunal did not commit an error of law in its findings. It properly confined its determination to the statutory question remitted by the previous full court: whether Dr Lim would have suffered her condition if the performance appraisal had not occurred. On the available evidence, including medical opinion, it was established that her condition would not have arisen absent the appraisal, and such action was reasonable and reasonably taken. No ground of appeal was made out.

Court Disposition

appeal dismissed

Orders

  • ['The appeal is dismissed.' "The appellant is to pay the respondent's costs."]