Bishop v Compass Group Remote Hospitality Services Pty Ltd
[2024] QDC 14 · Rosengren DCJ
Joana Bishop worked as a kitchen hand (utility attendant) at a mining camp at Moranbah operated by Compass Group. She claimed that repetitive cleaning and kitchen duties over about six months in 2019 caused tennis elbow in both arms, and sued her employer for damages. The case turned on whether the employer was at fault and, if so, whether that fault actually caused her injuries. The judge accepted that the employer should have done more to enforce regular task rotation and rest breaks, but found the plaintiff had not proved her elbow condition was caused by her work rather than by her age, gender and physical constitution — factors that commonly produce tennis elbow regardless of occupation. Because she could not prove causation, the court gave judgment for the employer and she recovered nothing. The judge noted that, had the claim succeeded, she would have recovered about $40,000 after the WorkCover refund.
Incident & injury
Repetitive kitchen/cleaning work duties over a six-month period alleged to have caused bilateral tennis elbow (lateral epicondylitis)
- Body regions
- Elbow, Right elbow, Left elbow (Right)
- Diagnoses
- Bilateral tennis elbow (lateral epicondylitis)
- Incident date
- 19 October 2019
- Location
- Eureka mining camp, Moranbah, Queensland
Quick facts
- Date of judgment
- 21 February 2024
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- ~38 (inferred)
- Occupation
- Utility attendant (kitchen hand) at a mining camp Labourer
- Liability
- Disputed
- ISV assessed
- 3 · Item 102 (moderate elbow injury) — WCRR Schedule 9
- Whole Person Impairment
- 0%
- Total damages
- $0
Outcome
Although the court found the employer breached its duty by failing to enforce a system rotating workers out of pot-washing every 30 minutes and ensuring smoko breaks were taken, the plaintiff failed to establish that the breach caused her bilateral tennis elbow. The court preferred the defendant's expert that the condition was explained by the plaintiff's age, gender and constitution. Judgment was entered for the defendant. Had liability been established, damages would have been assessed at $39,951 net.
Defendant
1 Compass Group Remote Hospitality Services Pty Ltd
Employer
- Judgment against this defendant
- $0
- WorkCover refund
- $10,730
Heads of damage
| General damages | $4,470 |
|---|---|
| Past economic loss | $0 |
| Future loss of economic capacity | $30,000 |
| Past special damages (plaintiff) | $3,015 |
| Past special damages (WorkCover) | $10,730 |
| Interest on past special damages | $265 |
| Future special damages | $1,200 |
| Subtotal before refunds | $49,681 |
Key issues
Bishop v Compass Group Remote Hospitality Services Pty Ltd [2024] QDC 14
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