Dean v Australian Postal Corporation [2010] FCA 680

FEDERAL COURT OF AUSTRALIA

Dean v Australian Postal Corporation [2010] FCA 680 Citation: Dean v Australian Postal Corporation [2010] FCA 680

Appeal from: Dean v Australian Postal Corporation [2009] AATA 812

Parties: BARRY DEAN v AUSTRALIAN POSTAL CORPORATION and ADMINISTRATIVE APPEALS TRIBUNAL

File number(s): NSD 1312 of 2009

Judges: PERRAM J

Date of judgment: 30 June 2010

Catchwords: WORKERS' COMPENSATION – Commonwealth employees – Psychological disorder – Employee's perception of bullying by manager – Whether ailment was "contributed to in a material degree by the employee's ailment" – Perception does not have to founded on reasonable grounds – Evidence must support causative link of the perception as a material contributor to the development or aggravation of the ailment – s 4 Safety, Rehabilitation and Compensation Act 1988-2007 (Cth)

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43(2), 43(2B), 44 Safety, Rehabilitation and Compensation Act 1988-2007 (Cth) s 4

Cases cited: Alexander v Australian Community Pharmacy Authority (2010) 265 ALR 424 cited Appellant V324 of 2004 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 259 cited Australian Telecommunications Commission v Tzikas (1985) 5 AAR 173 considered Civil Aviation Safety Authority v Central Aviation Pty Ltd (2009) 253 ALR 263 cited Comcare v Lees (1997) 151 ALR 647 cited Dornan v Riordan (1990) 24 FCR 564 cited Gilkinson v Repatriation Commission (2008) 104 ALD 406 cited Kirkpatrick v Commonwealth of Australia (1985) 9 FCR 36 considered Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 applied Repatriation Commission v Cotton (2006) 93 ALD 118 cited Wiegand v Comcare (2002) 72 ALD 795 applied