By

Mike Toten

Mike Toten is a freelance writer, editor and media commentator.

The Western Australian District Court dismissed an appeal by his employer against an earlier decision to award him workers compensation payments.

Facts of the case

The employee was a fly-in-fly-out mine worker employed by a labour-hire company. He injured his knee during a soccer game at the mine site.

The issues in this case were:

  1. whether the injury occurred “in the course of employment”
  2. whether the employer encouraged or induced the employee to play the game. The employer claimed that it did not actually do so – and if anyone did, it was instead the company contracted to arrange recreational activities on behalf of the employer.

The employer claimed that the original decision misapplied the tests applying to those two issues. However, the court found that the tests were not misapplied and there were no errors of law in the original decision.

Organised recreational activities were intended to promote the health and well-being of workers on-site at the mine. Policies of the company that organised them were binding on workers, according to their employment contracts, which included the words “comply with all site requirements”. The original decision found that an organised soccer game came within the scope of a “binding policy”. Taking part in the game was “in the course of employment” and the injured employee was “encouraged or induced” to take part.

The employee received an invitation to take part in the game, which was played during an interval between two on-site work shifts. Although he wasn’t “required” to play, issuing the invitation met the test of “encourage or induce”.

What this means for employers

Injuries to employees sustained during recreational activities at the work site have long been a controversial area of workers compensation law. The key factor in qualifying for workers compensation in this case was that management organised and supported the game and invited the employee to take part. This was enough for it to be “in the course of employment”.

Read the judgment

WORKPAC PTY LTD -v- SHIELDS [2023] WADC 29 (17 March 2023)

Mike Toten

Freelance Writer

Mike Toten is a freelance writer, editor and media commentator who specialises in research and writing about HR best practices, industrial relations, equal employment opportunity and related areas. Mike has over 30 years' writing experience, including writing and editing Human Resources Management