Qantas Airways Limited (Frank Grisaffi) v Q-COMP

Date of decision: 16 October 2009, I.M. Callaghan

Mr M. O’Sullivan of Counsel, instructed by HWL Ebsworth for the appellant

Mr C. Murdoch of Counsel, directly instructed by Q-COMP

Key words – Flight Caterer - 55 – Injury Type: psychological – Appeal Outcome: appeal dismissed - Significant sections considered: –

s32(1) an injury is personal injury arising out of, or in the course of, employment if the employment is a significant contributing factor to the injury

Head Note

The worker was employed as a flight caterer with Qantas since 1997. In January 2007 he lodged an application for compensation with Qantas for a psychological injury he alleged was caused by ‘fellow workers name calling, body contact, some lack of communication and harassing comments’. Qantas rejected the application. The worker lodged an application for review with Q-COMP. The review set aside Qantas’s decision and accepted the application for compensation. Qantas lodged an appeal in the Brisbane Magistrates Court.

It was accepted that over the years there was a great deal of banter, name calling and physical touching in the workplace. The worker admitted that he was a participant in these activities. However in late 2006, the worker complained to a supervisor that he was ‘sick of what was going on’. He never complained to his colleagues.

His Honour found that in mid to late 2006, the worker was no longer a willing participant in the workplace culture of horseplay and name calling, which by this stage, had become progressively worse. The medical evidence supported the worker’s claim that the workplace was a significant causative factor in his psychiatric illness.

The appeal was dismissed.