Aslanian v State Transit Authority [2001] NSWCC 190

Aslanian v State Transit Authority [2001] NSWCC 190

The applicant remained in the course of his employment when the passenger damaged his spectacles and caused injury. The chain of events arose from the applicant's duties as a bus operator, including dealing with an abusive and aggressive passenger. Throwing the 10 cent coin in the passenger's direction and then leaving the bus after being spat on to attempt to have the passenger remain until police arrived were, in the circumstances of intense provocation, reasonable and incidental to the applicant's employment. His conduct did not constitute gross misconduct. Employment was a substantial contributing factor to the injury requiring medical attention, and the spectacles were damaged when...

Jurisdiction
Australia
Judgment Date
16 March 2001
Procedural Posture
Workers Compensation Claim for Damage to Spectacles and Medical Treatment Costs / Judgment After Hearing
Outcome
Award for the applicant worker.
Legal Topics
['course of Employment' 'arising Out of Employment' 'accident Damaging Spectacles' 'medical Treatment Expenses' 'serious and Wilful Misconduct' 'assault by Passenger']
['workers Compensation' 'employment Law'] ['course of Employment' 'arising Out of Employment' 'accident Damaging Spectacles' 'medical Treatment Expenses' 'serious and Wilful Misconduct' 'assault by Passenger']

Case Brief

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Procedural Posture

Workers Compensation Claim for Damage to Spectacles and Medical Treatment Costs / Judgment After Hearing

Legal Issues

  1. 1 ["Whether the damage to the applicant's spectacles occurred in the course of employment or arose out of employment for the purposes of s 74 of the Workers Compensation Act 1987." "Whether the applicant's employment was a substantial contributing factor to the injury requiring medical treatment under s 60 and s 9A of the Workers Compensation Act 1987." "Whether the injury was occasioned by the applicant's serious and wilful misconduct under s 14 of the Workers Compensation Act 1987." 'Whether the applicant took himself outside the course of employment by throwing the coin, leaving the bus and pursuing or attempting to detain the passenger.']

Ratio Decidendi

The applicant remained in the course of his employment when the passenger damaged his spectacles and caused injury. The chain of events arose from the applicant's duties as a bus operator, including dealing with an abusive and aggressive passenger. Throwing the 10 cent coin in the passenger's direction and then leaving the bus after being spat on to attempt to have the passenger remain until police arrived were, in the circumstances of intense provocation, reasonable and incidental to the applicant's employment. His conduct did not constitute gross misconduct. Employment was a substantial contributing factor to the injury requiring medical attention, and the spectacles were damaged when...

Court Disposition

Award for the applicant worker.

Orders

  • ['General order under s 60 for medical treatment costs.' 'Specific order under s 74 for payment of the replacement costs of the spectacle glasses in an amount of $600.' 'The applicant is to have the reasonable costs of the proceedings.']