Workers Compensation

In Secretary, Department of Education v Dawking [2024] NSWCA 4, the NSW Court of Appeal has confirmed the Personal Injury Commission’s decision that a teacher is entitled to workers compensation benefits after sustaining a psychological injury (adjustment disorder with anxiety) upon being notified by email by her employer of a double vaccination mandate.

It was held that the employment was the main contributing factor to the injury sustained (pursuant to section 4 and 9A of the Workers Compensation Act 1987 (NSW)). The decision also confirmed that the employer was not able to rely on section 11A of the Act, as the injury was not wholly caused by reasonable action taken or proposed to be taken by or on behalf of the Department in respect of discipline. This case was distinguished from Bjekic v State of New South Wales [2022] NSWPIC 214, as the evidence suggested that the worker’s injury was sustained due to the nature of the email advising of the vaccine mandate and the circumstances surrounding that, rather than the mandate itself.