Clifford Gouldson Lawyers

Compensation for Cricket Injury - Howzat!

Print Version

12/04/2018

A worker’s knee injury suffered during a cricket match between shifts of work was found to be compensable in a recent decision in the South Australian Employment Tribunal (the Tribunal).
 
It is generally a requirement for compensation that a worker must sustain their injury “in the course” of their employment, or that it “arises” from their employment.
 
In this circumstance, a Fly-in Fly-out miner was working a roster which required a transition from seven night shifts to seven day shifts with a 24-hour period of rehabilitation in between.  He successfully argued that in order for him to re-set his sleep patterns and be ready for the next shift of work, he participated in a game of cricket as a means of staying awake.

The Tribunal held that the employer’s “Code of Conduct and Policies” imposed a duty upon the worker to ensure that he was fit for work. The worker was under a specific obligation to manage his rostered time off to prevent the effects of fatigue from impacting on his ability to perform his work. Because of this, the cricket game formed part of the worker’s employment.

Therefore, it was found the knee injury arose from his employment and was compensable.

A key take away from this decision is that if you have employees working split shifts and/or you have policies that my provide a direction to an employee during a break in shifts, then those policies may link any injury suffered by the worker during their break, to their actual work.

LATEST NEWS/EVENTS

Panadol causes headache for Nurofen - 16/07/2018

A recent court case saw the makers of Panadol take on Nurofen in a dispute over the use of claims made during Nurofen’s advertising campaigns. As a result, Nurofen is no longer able to advertise that its products provide faster and more effective pain relief for common headaches than Panadol because of this Federal Court of Australia decision. ... read on

Ready for 1 July? We summarise the critical legal changes for businesses - 29/06/2018

Do you want to hit the ground running in the new financial year? We have all the details you need to know about the key legal changes your business will face from 1 July 2018. Click through via the numbered heading for more information on any of these topics.... read on

"Ipso facto" changes to impact business contracts post 1 July 2018 - 21/06/2018

An ipso facto clause is a common clause found within contracts and agreements that allows for one party to terminate (or vary) a contract or agreement when the other party enters insolvency. The new reforms will apply only to contracts entered into after 1 July 2018. ... read on

Read all news/events

Site Developed by FAQ Interactive