Table of Contents Presidential Decisions: Terrivic Pty Limited v Davis Leave to cross-examine; effect of resignation without stipulated period of notice on contract of employment; injury in the course of or arising out of employment ( of the ); adequacy of reasons; alleged errors in fact finding Snell DP 20 May 2016 Facts: The worker was an assistant manager at KFC Broken Hill. She said that she was bullied and verbally abused by the manager of the store. The director of the appellant lived at Renmark, South Australia, a On 7 May 2013, the manager verbally abused the few hours’ drive away. worker before leaving the store for a short time. The worker wrote a resignation letter and left it and her name badge at the store. She immediately left the store and drove straight towards the She did not call or advise that she was going to director’s home. see “the of Broken Hill, the worker swerved to avoid hitting a kangaroo owners”. About 48 km south and crashed her car. She claimed weekly compensation from 7 May 2013 to 16 July 2015. The employer denied liability. On 13 January 2016, a Commission Arbitrator made an award for the worker. The employer appealed. The issues in dispute on appeal were whether the Arbitrator: erred in the exercise of his discretion in refusing the to appellant’s application erred in law in failing to find that the contract of employment had not been worker’s brought to an end, prior to the occurrence of injury;
Table of Contents Presidential Decisions: Terrivic Pty Limited v Davis Leave to cross-examine; effect of resignation without stipulated period of notice on contract of employment; injury in the course of or arising out of employment ( of the ); adequacy of reasons; alleged errors in fact finding Snell DP 20 May 2016 Facts: The worker was an assistant manager at KFC Broken Hill. She said that she was bullied and verbally abused by the manager of the store. The director of the appellant lived at Renmark, South Australia, a few hours’ drive away. On 7 May 2013, the manager verbally abused the worker before leaving the store for a short time. The worker wrote a resignation letter and left it and her name badge at the store. She immediately left the store and drove straight towards the director’s home. She did not call or advise that she was going to see “the owners”. About 48 km south of Broken Hill, the worker swerved to avoid hitting a kangaroo and crashed her car. She claimed weekly compensation from 7 May 2013 to 16 July 2015. The employer denied liability. On 13 January 2016, a Commission Arbitrator made an award for the worker. The employer appealed. The issues in dispute on appeal were whether the Arbitrator: erred in the exercise of his discretion in refusing the appellant’s application to erred in law in failing to find that the worker’s contract of employment had not been brought to an end, prior to the occurrence of injury;
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