Edmund Rice Education Australia Trading as St Virgil’s College v NO [2026] TASCAT 48 — Workers Compensation & Entitlement To Compensation — Barrister AI
Edmund Rice Education Australia Trading as St Virgil’s College v NO
Whether reasonably arguable case to dispute claim for compensation
Quick Take
1On the facts, while the employer failed to establish a reasonably arguable case that directing a worker to attend a function requiring a personal financial contribution was a reasonable direction (and thus any subsequent counselling or discipline based on that direction could not be reasonable under ss 25(1A)(a) or (c)), the employer did establish a reasonably arguable case that the manner in which it handled a formal complaint — including not notifying the worker beforehand to avoid undue stress — was reasonable administrative action under s 25(1A)(c).
2Where a worker's psychological injury claim has a cascading character arising from multiple incidents, the employer need only establish a reasonably arguable case in relation to the incident that was the substantial catalyst for the injury to satisfy the s 81A threshold.
3The s 81A threshold requires only that the employer's case be reasonably arguable — it need not be strong or compelling — and the Tribunal takes the employer's evidence at face value without resolving disputed questions of fact.
