Legal case summary

Appeal against the decision of an Industrial Magistrate

The Corporation of the Trustees of the Order of the Sisters of Mercy Queensland Inc trading as Holy Cross Laundry AND Krystyna Karas and Q-COMP (C/2009/24)

Ms Krystyna Karas lodged an Application for compensation for a psychological injury with WorkCover Qld (Insurer) on 4 December 2006. The Insurer rejected the claim on the ground that any psychological injury suffered by Ms Karas was withdrawn from the definition of 'injury' by section 32(5) of the Workers' Compensation and Rehabilitation Act 2003 (the Act).

Ms Karas lodged a review with Q-COMP who ultimately confirmed the Insurer's decision to reject the claim. The review decision was appealed to the Industrial Magistrates Court. Ms Karas' Employer, Holy Cross Laundry was given leave to be heard on the express basis that the Employer was not being made a party to the proceedings. The Employer played an active role in the proceedings in the Industrial Magistrates Court e.g. calling and cross-examining witnesses. The Appeal to the Industrial Magistrates Court succeeded. The Employer purported to appeal to the Industrial Court.

President Hall stated that for reasons developed in Bundaberg Health Service District Queensland Health v Brugman (2006) 181 QGIG 276, the Appeal is incompetent. He stated that cases such as Appo v Q-COMP (2003) 174 QGIG 1120 deal with applications by employers for leave to be heard in the Industrial Court on an appeal instituted by a party to the proceedings in the Industrial Magistrates Court and have no present relevance. The Appeal was dismissed.

This case demonstrates that only 'a party' aggrieved by the Industrial Magistrate's or the Industrial Commission's decision may appeal to Industrial Court. This is set out in section 561 of the Act.

If a party to the proceedings in the Industrial Magistrates Court appeals to the Industrial Court, employers may be given leave to be heard in the Industrial Court. This arises from section 329(b)(v) of the Industrial Relations Act 1999. In the case of Bundaberg Health, President Hall specifically stated that section 341(2) of the Industrial Relations Act does not permit a person, who was heard in the Industrial Magistrates Court on an appeal to which that person is not a party, to launch an appeal against the final decision of the Industrial Magistrates Court.