Gardiner v Laing O'Rourke Australia Construction Pty Ltd

(2020) 102 NSWLR 599; [2020] NSWCA 151

NSW Court of Appeal

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Interrogate

Catchwords

1. Workers' Compensation
2. › Entitlement to compensation
3. › Exclusions
4. › Effect of recovery of damages on compensation
5. › Whether payment to settle complaint under Anti-Discrimination Act 1977 (NSW) constituted 'damages' under Workers Compensation Act 1987 (NSW), s 151A
6. › Whether payment was 'in respect of' an injury
7. › Workers Compensation Act 1987 (NSW), ss 149, 151A
1. Deeds
2. › Deed of release
3. › Construction
4. › Express terms of deed
5. › Whether deed of release settling complaints of discriminatory conduct discharged liabilities arising out of workers' compensation legislation
6. › Where entitlement to sue under workers' compensation legislation expressly preserved
1. Words and Phrases
2. › 'Damages'
3. › 'Monetary compensation'
4. › Workers Compensation Act 1987 (NSW), ss 149, 151A
1. Statutes
2. › Construction
3. › Interaction of statutory schemes
4. › Anti-Discrimination Act 1977 (NSW) and Workers Compensation Act 1987 (NSW)
5. › Whether remedies under discrete statutory scheme constitute 'damages' under workers' compensation legislation
6. › Purposive construction

Quick Take

Practitioners advising on settlements of anti-discrimination complaints in the employment context should note that such settlements will not preclude workers' compensation claims under s 151A of the Workers Compensation Act 1987 (NSW), particularly where the deed expressly preserves workers' compensation entitlements.