Whiting v Brambles Industries Ltd [1976] HCA 51

A journey home by a worker who set out with intention to work but is prevented from doing so by circumstances beyond his control is still a 'journey between place of abode and place of employment' under s.7(1)(c)(i) and compensation is payable if injury occurs on that journey.

Jurisdiction: Australia
Procedural Posture: Appeal / Judgment of High Court of Australia on Appeal From Supreme Court of New South Wales (court of Appeal)
Outcome: Appeal allowed with costs.
Legal Topics: ['journey Claims' 'definition of Place of Employment' "workers' Compensation Entitlements"]

["workers' Compensation" 'employment Law'] ['journey Claims' 'definition of Place of Employment' "workers' Compensation Entitlements"]

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Procedural Posture

Appeal / Judgment of High Court of Australia on Appeal From Supreme Court of New South Wales (court of Appeal)

Legal Issues

1 ["Whether the deceased's fatal journey was a 'daily or other periodic journey' between place of abode and place of employment within s.7(1)(c) of the Workers' Compensation Act 1926 (NSW)." 'Whether not entering the actual place of employment due to closed gates precluded a journey home from being covered.']

Ratio Decidendi

Court Disposition

Appeal allowed with costs.

Orders

['Judgment of Supreme Court of New South Wales (Court of Appeal) set aside.' 'In lieu thereof, order that the appeal to that Court be dismissed with costs.']