Home | © 2018 GA Publishing Mosman Sydney for legal practitioners

Trade union representatives, claims by

Section 12 Claims by trade union representatives >>

Coles Myer Logistics PL v Lee [2007] NSWWCCPD 141 Roche DP 15.06.07

" ... for the purposes of s 12 an injury sustained while a worker is carrying out his or her duties as a union representative or on an associated journey is an injury arising out of or in the course of employment.

Mr Lee's injury was sustained while on an associated journey because he was riding his bike to Coles in order to conduct union business. It does not matter when that journey started, provided it was an associated journey. ...

[52] the delay in the commencement of Mr Lee's journey has no bearing on whether he was on an associated journey under s 12.

Mr Lee was on an associated journey when he was injured because he was travelling to his place of employment to conduct activities as a union representative at his place of employment. As such he is entitled to the benefit of s 12."

Previous page: Tracing     Next page: Trained assessor

© 2018 GA Publishing Mosman Sydney | piets/wcms | Account

Common Law Monthly Summaries

12 editions $385 incl GST

Subscribe Sample