Facts
The deceased and her de-facto partner were employed by a family company, which carried on its business of financial advising from the family home in NSW. The deceased was a victim of domestic violence because of the de-facto partner’s paranoid delusions that she was trying to take his clients and ruin him professionally.
The deceased was working extended hours, starting as early as 7.30am and ending as late as 9.00pm. In addition, her bedroom had files and she worked while taking care of her baby, after work hours.
On 16 June 2010, between approximately 8.00am and 10.00am, the de-facto partner used a hammer and killed the deceased.
At the time of the deceased’s death, the deceased had two dependent children, one teenage son and the other a baby of a few weeks old.
The children of the deceased subsequently made a claim for workers compensation.
The History and Decisions
In 2018, the Workers Compensation Commission determined that the deceased died as a result of injuries arising out of, and in the course of her employment. The children were successful in this claim.
In 2019, the Insurer appealed to the Workers Compensation’s Deputy President arguing that the de-facto partner’s delusions were not real and that it did not show a connection between the employment and the death. The Deputy President confirmed the initial decision and dismissed the appeal.
The Insurer again appealed to the Court of Appeal.
Court of Appeal’s Issues and Decisions
Some of the issues that the Court had to address were whether the assault occurred in the course of the employment and whether the assault was caused because of that employment.
Evidence was introduced which supported the fact that the deceased worked from about 7.30am to 9.00pm and that the deceased’s bedroom contained files. She also worked while taking care of her baby after work hours. The Court of Appeal was therefore satisfied with this evidence and decided that the assault occurred in the course of the employment.
In relation to the second issue, the Court accepted that there was a clear connection between the assault and the employment based on the evidence that was introduced which supported the fact that work was the reason for the de-facto partner’s paranoid delusions.
What Does This Mean Now?
One of the positives of the Covid-19 is the introduction of flexible work arrangements meaning that many of us are now able to work from home. However, the negative is that domestic violence is on the rise. It is therefore particularly important for employees to be aware that compensation may be available if they can prove that the violence is/was work-related and that it occurred during the course of their employment.
The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.
