Covill v WorkCover Queensland
[2022] QSC 171 · Applegarth J
The applicant, a 25-year-old chef, worked for a Brisbane-based agency, Atlas People, which placed her on temporary cooking assignments in different parts of Australia. She was injured in December 2019 while working at Daly Waters in the Northern Territory, having previously worked at Batemans Bay in New South Wales. She wanted to bring a common-law damages claim under Queensland's workers' compensation laws, but WorkCover Queensland argued her employment had no connection with Queensland because she was injured interstate. The court had to decide whether her employment was 'connected with' Queensland under a special connecting-factor test. The judge found there was no single State where she usually worked or was usually based, because her job involved moving between assignments around the country. Because of that, the connecting factor fell to where the employer's principal place of business was located, which was Queensland. The court declared the employment connected with Queensland, allowing her damages claim to proceed.
Incident & injury
Injured in the course of employment while working as a chef on assignment at Daly Waters
- Incident date
- 17 December 2019
- Location
- Daly Waters, Northern Territory
Quick facts
- Date of judgment
- 17 August 2022
- Claim type
- WCRA Common Law
- Proceeding
- Interlocutory
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 22
- Occupation
- Chef Technician / Trade Worker
Outcome
The court determined a preliminary question under s 113 of the Workers' Compensation and Rehabilitation Act 2003 (Qld), declaring that the applicant chef's employment with Atlas People Pty Ltd was 'connected with' Queensland via s 113(3)(c) (employer's principal place of business), there being no single State in which she usually worked or was usually based. This enables her to access WCRA damages despite being injured in the Northern Territory.
Key issues
Covill v WorkCover Queensland [2022] QSC 171
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