• Menu
  • Skip to right header navigation
  • Skip to primary navigation
  • Skip to secondary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

Call us now  07 4688 2188

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Clifford Gouldson Lawyers

  • About
    • Our Origin Story
    • Our Manifesto
    • Our Future
  • Careers
  • Community
  • Contact Us
  • Search
  • About
    • Our Origin Story
    • Our Manifesto
    • Our Future
  • Careers
  • Community
  • Contact Us
  • Search

Mobile Menu

  • Our Team
  • Practice Areas
  • Knowledge
  • Events
  • Industries
  • For Individuals
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube
  • Our Team
  • Practice Areas
  • Knowledge
  • Events
  • Industries
  • For Individuals

Compensation for cricket injury – howzat!

You are here: Home / News / Compensation for cricket injury – howzat!

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.

Previous Post: « GST changes coming 1 July 2018
Next Post: New Labour Hire Laws Commence 16 April 2018 – What you need to know »

Primary Sidebar

We can help

Danny Clifford

Principal/Director

Ben Foley

Special Counsel, Education & Workplace Law

Angela Pratt

Special Counsel

Ebony Archer

Associate

Kyle Paull

Lawyer

Michelle Price

Paralegal

Related Alerts

April 14, 2021
Cash is King – Payment Times Reporting for Large Business (>$100 m) in Australia

The Federal Government has released the payment times reporting rules (Payment Times Reporting Rules...

April 13, 2021
Casual employment reform – what do you need to know?

On 26 March 2021, the rights and obligations of casual employees outlined in the...

April 8, 2021
“Right to Disconnect” After Hours in Victoria Signifies a Substantial Change to the Modern Working Environment

Police officers in Victoria have this week won the “right to disconnect” from work...

View other alerts

Footer

Clifford Gouldson Lawyers

CLIFFORD GOULDSON LAWYERS
P: 07 4688 2188
F: 07 4688 2199
[email protected]
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Locations

TOOWOOMBA
Level 1, 610 Ruthven Street
PO Box 8208, Toowoomba South Qld 4350

BRISBANE
Level 54, 111 Eagle Street
Brisbane Q 4000

SUNSHINE COAST
Level 1,
Regatta Corporate Building
2 Innovation Parkway Birtinya QLD

 

MELBOURNE
Suite 37, Level 23,
Tower Five, 727 Collins Street
Melbourne VIC 3008
(Visited Office - available by appointment only)

SYDNEY
Suite 69, Level 26
1 Bligh Street
Sydney NSW 2000
(Visited Office - available by appointment only)

Practice Areas

  • Tax, Structures + Planning
  • Workplace
  • Litigation + Dispute Resolution
  • Commercial + Property
  • Construction
  • Intellectual Property
  • Privacy & Disclaimer
  • Terms of Use

Site Footer

CG Law (Trading) Pty Ltd ACN 143 426 028 t/a Clifford Gouldson Lawyers ABN 89 143 426 028 Liability limited by a scheme approved under professional standards legislation..

Copyright © 2021 Clifford Gouldson Lawyers · Privacy & Disclaimer · Terms of Use · Marketing by John Gray Marketing · Site by Kingfisher