Administrative Appeals Tribunal determines whether refusal of an employee's request for overtime is "administrative action"

On 19 February 2021, the Administrative Appeals Tribunal affirmed a decision made by Comcare to deny liability to pay compensation to an employee in respect of an adjustment disorder: Re Fairall and Comcare (Compensation) [2021] AATA 281.

The Tribunal found that a meeting and a discussion of a decision to refuse an employee's request for overtime amounted to reasonable administrative action taken in a reasonable manner in respect of the employee's employment. Among other things, the Tribunal was satisfied that the relevant circumstances amounted to something reasonable done in connection with the employee's failure to obtain a benefit in connection with her employment in accordance with s 5A(2)(f) of the Safety, Rehabilitation and Compensation Act 1988 (Cth).

The Tribunal's decision and reasons for decision may be found online here: https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AATA//2021/281.html