ALCATEL AUSTRALIA LTD v GRIFFITHS [1997] NSWCA 13

ALCATEL AUSTRALIA LTD v GRIFFITHS

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MASON P, BEAZLEY JA and GROVE AJA 11 April 1997, 24 November 1997 [1997] NSWCA 13

Worker's compensation — journey claim — liability of employer for injuries as a result of an assault outside restaurant — whether restaurant still place of employment when worker commenced journey to place of abode -

Worker's Compensation Act 1987, s10.

The respondent worker was injured as the result of an assault by a fellow employee outside a restaurant at Parramatta following a Melbourne Cup luncheon. The assault occurred at approximately 8pm that night.

Following a hearing before Truss CCJ in the Compensation Court, the worker was found entitled to compensation in respect of brain damage, and loss of sight, hearing, and sense of smell, on the basis of a journey claim under s10 Worker's Compensation Act 1987(WCAct). The matter was stood over for further hearing on the worker's entitlement to weekly payments and lump sums under s66 and s67 WCAct.

The employer appealed from the finding of liability.

On appeal, the appellant argued that (i) the restaurant had ceased to be a place of employment at about 5pm and therefore there was not a statutory journey "between the worker's place of abode and place of employment" (cf s10(3)(a) WCAct); (ii) the worker failed to show that the risk of injury was not materially increased because of the interruption (cf s10(2) WCAct); and (iii) since alcohol can cause injuries to persons not driving motor vehicles it was unduly restrictive to confine the application of s10(1B) to that context. On the last point the appellant contended that because the worker was severely under the influence of alcohol the injury was caused by the worker's fault in the absence of evidence that the alcohol did not contribute to the injury.