Kelly v Secretary, Department of Family and Community Services [2014] NSWCA 102

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kelly v Secretary, Department of Family and Community Services [2014] NSWCA 102 Hearing dates: 20 February 2014 Decision date: 04 April 2014 Before: Basten JA at [1]; Ward JA at [35]; Emmett JA at [36] Decision: (1) Direct the appellant to file the draft notice of appeal contained in the white folder, amended to identify the Secretary, Department of Family and Community Services as the respondent; (2) Allow the appeal and set aside the orders made by the Deputy President in the Commission on 25 March 2013; (3) In place thereof, dismiss the appeal from the decision of the arbitrator, except in relation to order (1) (purporting to reinstate the appellant's sick leave); (4) Remit the matter to the Commission to deal with the costs of the appeal to the Deputy President; (5) Order the respondent to pay the appellant's costs in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: WORKERS' COMPENSATION - appeal - psychological injury resulting from confrontation with co-worker in course of employment - confrontation related to family dispute - whether employment a "substantial contributing factor" to injury -whether the basis for the confrontation needs to be related to employment - confrontation unlikely to have occurred but for meeting during working hours - Workers Compensation Act 1987 (NSW), s 9A