'Transfer' in s 11A(1)(b) of the Workers Compensation Act 1987 (NSW) encompasses a move from one position to another in the employment context, whether or not there is any change in location. Section 11A(1)(b) differentiates between a worker's psychological response to the employer's action with respect to transfer and the worker's response to employment conditions encountered after the transfer; only the former engages the defence. The majority (Fitzgerald JA and Mason P) and Davies AJA differed on whether the causal connection between the transfer and post-transfer working conditions could engage s 11A(1)(b), with Fitzgerald JA holding this is a question of fact and degree.
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