I refer to my earlier posting regarding Deputy President Bloomfield’sdecision in QR Limited AND Q-COMP (WC/2009/25). President Hall has now dismissed the appeal. The appeal is of interest in considering the somewhat special position of “self insurer’s” and their knowledge of the worker’s previous injury and rehabilitation, together with the protocols for not sharing that information. Ultimately, President Hall found that despite some accommodation by a previous manager of Ms Woods, the new manager was entitled to expect Ms Woods to fully perform her role (in the absence of her knowledge of her previous condition and rehabilitation) in terms of her job description. Whilst this may have been initially communicated more in the fashion of a sergeant-major than a chaplain, the manager’s subsequent amelioration and restraint amounted to “reasonable management action taken in a reasonable way”.
Brisbane Barrister – David Cormack