07:40 am, Tuesday 26 January, 2010

A question before the Northern Territory Court of Appeal has been raised: Is a worker’s fishing expedition a work-related trip or a recreational journey?

At the center controversy is diesel fitter Paul Clarke, who used to work for the Ranger Uranium Mine.

In 2005, Clarke’s supervisor invited him to go fishing after his shift ended at 6pm.

The worker, who was about to have a 24-hour shift break, agreed to go. Mr Clarke, along with his supervisor and a fellow employee, set off after midnight towards Cahill’s Crossing – a popular NT fishing spot.

The supervisor was at the wheel when their minivan skidded off the road in the dark. They smashed into trees, leaving Mr Clarke with a broken hip and leg.

Mine owner ERA instructed its workers to stay awake late into the night if they were switching from a day shift to a night shift so that their bodies could adjust more easily.

It was “common practice” for workers to go fishing at night, although it was not explicitly stated in ERA’s work policies.

On Wednesday, the Court has ruled that the fishing expedition is work-related and Mr Clarke should continue to receive workers’ compensation.

The judgment reads, “The worker was injured when [the supervisor] lost control of the vehicle and it ran off the road and collided with some trees near Magella Creek.”

Mr Clarke’s first attempt to win compensation before the Work Health Court was unsuccessful. The Court found that his injuries did not happen as a result of his employer’s direction for staff to stay awake late into the night.

He appealed to the Supreme Court, which ruled in his favor. It found a direct link between ERA’s direction and his action of going fishing late at night.

Waylexson Pty Ltd, Mr Clarke’s employee, challenged that decision. However, the Appeal Court dismissed it, ruling that the Supreme Court’s verdict was correct.

“Whilst ERA may not have been aware of this particular fishing excursion it was aware of the general practice and, by its acceptance of that practice, induced or encouraged workers to engage in such excursions during shift changes,” the judgement said.

Report by Julia Alder - Do you have an OHS News Story - Let us know