Keen v Telstra Corporation Limited [2005] FCA 241

FEDERAL COURT OF AUSTRALIA

Keen v Telstra Corporation Limited [2005] FCA 241 ADMINISTRATIVE LAW - Appeal from Administrative Appeals Tribunal – assessment of compensation – payment of benefits – Telstra liable for injury to applicant in 1991 – Applicant made involuntarily redundant in 1997 – applicant received redundancy payment and lump sum of superannuation – In 2000 applicant sought compensation for injury – Telstra determined applicant's entitlement to compensation payable – Telstra applied ss 21 and 33 of Safety Rehabilitation and Compensation Act 1988 (Cth) – applicant appealed to Administrative Appeals Tribunal – Tribunal determined s 21 and s 33 applied – "retires voluntarily, or is compulsorily retired" expression of wide operation and comprehends involuntary redundancy – Redundancy pay not attributable to weeks of employment – redundancy pay not comprehended by s 33 WORDS AND PHRASES –"retires voluntarily, or is compulsorily retired", "salary wages or pay" Administrative Appeals Tribunal Act 1975 (Cth) s 44 Safety Rehabilitation and Compensation Act 1988 (Cth) s 21, 33 Commonwealth Public Service Act 1922 (Cth), s 85, 86 Commonwealth Employees (Redeployment and Retirement) Act 1979 (Cth), s 19 Public Service Legislation (Streamlining) Act 1986 (Cth), s 76W Archer v Comcare (2000) 101 FCR 30 cited Dadeeton v Commissioner of State Taxation [2004] SASC 88 cited Department of Defence v Human Rights and Equal Opportunity Commission (1997) 78 FCR 208 cited Giannoulis v Email Superannuation Pty Ltd (1990) 33 IR 479 cited Gullett v Gardner (1948) 22 ALJ 151 cited O'Shea v Comcare (1993) 18 AAR 430 cited Peacock v Human Rights and Equal Opportunity Commission (2003) 73 ALD 341 cited 1984 Termination, Change and Redundancy Case (1984) 8 IR 34 cited LA-RAINE LESLEY KEEN v TELSTRA CORPORATION LIMITED NSD 1331 of 2004 MOORE J 15 MARCH 2005 SYDNEY