• 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
    • CGLaw COVID Protocol
    • Toowoomba
    • Brisbane
    • Sunshine Coast
  • Careers
  • Community
    • 2021 Artist in Residence Program
  • Contact Us
  • Search
  • About
    • Our Origin Story
    • Our Manifesto
    • Our Future
    • CGLaw COVID Protocol
    • Toowoomba
    • Brisbane
    • Sunshine Coast
  • Careers
  • Community
    • 2021 Artist in Residence Program
  • 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

Director

Ben Foley

Special Counsel, Education & Workplace Law

Angela Pratt

Special Counsel

Ebony Archer

Associate

Nicole Ferraro

Graduate Law Clerk

Michelle Price

Paralegal

Related Alerts

June 16, 2022
Minimum wage increase announced: What employers need to know

As most of you will now be well aware, the Fair Work Commission recently...

June 7, 2022
Fair Work upholds decision to dismiss for IP disclosure  

A recent decision of the Fair Work Commission to uphold the dismissal under the...

May 31, 2022
I am selling my business, but what about the employees?

Selling or purchasing a business is an exciting milestone in any business owner’s career....

View other alerts

Footer

Clifford Gouldson Lawyers

CLIFFORD GOULDSON LAWYERS
P: 07 4688 2188
F: 07 4688 2199
mail@cglaw.com.au
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Locations

TOOWOOMBA (Head Office)
Level 1, 610 Ruthven Street,
Toowooomba Q 4350

PO Box 8208,
Toowoomba South Q 4350

Toowoomba Office

BRISBANE
Suite 1805, Level 18,
239 George Street,
Brisbane Q 4000

PO Box 12802 George Street,
Brisbane Q 4003

Brisbane Office

 

SUNSHINE COAST
L1, Regatta Corporate Building,
2 Innovation Parkway,
Birtinya Q 4575

Locked Bag 5010
Caloundra DC Q 4551

Sunshine Coast Office

Practice Areas

  • Wills, Estates, Planning + Structuring
  • 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 © 2022 Clifford Gouldson Lawyers · Privacy & Disclaimer · Terms of Use · Marketing by John Gray Marketing · Site by Kingfisher