The successful appeal to the Queensland Industrial Relations Commission occurred last week, with the QIRC setting aside an October 2014 decision which blocked BHP Billiton Queensland Workers' Compensation’s move to reject the compensation claim from the Peak Downs miner, Jamie Bray.
In making the decision the QIRC took into account various efforts by BHP to get Bray to return to work since October 2012 until he was terminated on February 2014.
While there were multiple health problems affecting Bray, including stress and alcohol detoxification issues, BHP said its main concern was with Bray’s morbid obesity.
This was cited at 160kg for a height of 176cm (body mass index exceeding 50) – deemed enough to impact his ability to “operate safely in a mine environment”.
What both parties agreed to in the case was that Bray suffered an injury described as a “work-related stress, depression and adjustment disorder that occurred on or around 12 February 2014” – relating to the meeting where Bray unexpectedly received the news he was going to be fired. BHP argued this injury occurred under reasonable circumstances.
“At the conclusion of the appeal proceedings, the parties further submitted the crux of the matter could be narrowed down to whether the failure of management to advise Mr Bray of the purpose of the meeting, that is to bring his employment to an end, prior to his attendance at the meeting on 12 February in circumstances where there had been some prior discussions around his return to work, was reasonable management action taken in a reasonable way,” QIRC said.
While QIRC commissioner Minna Knight said management should have provided more indication that Bray’s termination was seriously being considered, she found that how it took place was not unreasonable.
This was especially due to “the long history of the matter and prior conversations that had been held in respect of the termination of Mr Bray's employment”, she said in her finding in favour of BHP.
“I am satisfied on the evidence before the Commission that Mr Bray’s injury arose out of or in the course of reasonable management action taken in a reasonable way,” she said.
