A worker who was required to meet with her manager after taking 21 weeks' leave in 15 months, and pretending her grandmother had died, has been denied workers' compensation for a psychological injury.
The AAT found it was reasonable for the manager to put the former Department of Health and Ageing worker on notice about her leave.
The Tribunal heard that between July 2010 and October 2011, the worker took more than 779 hours (21 weeks) of "various kinds" of leave, including a three-month break because of complications from surgery.
She also regularly took leave or worked from home when her children were sick.
On one occasion, the worker sought and obtained bereavement leave for the death of her grandmother, who hadn't actually died.
In late 2011, the manager met with the worker to discuss her excessive leave, and she became distressed and cried throughout the meeting, but declined to end it when the manager asked if she wanted to.
She subsequently claimed workers' compensation for the exacerbation of her depression and anxiety, arguing the manager targeted her for taking unplanned leave, ostracised her, and bullied and harassed her.
She said on one occasion the manager accused her of inappropriately discussing her "emotions" with subordinate team members when she made arrangements to work from home because her daughter was unwell.
She claimed she lied about her grandmother being dead because the manager's manner caused her to experience stress and anxiety.
The employer denied liability, and the worker appealed.
Comcare told the AAT the worker's disease was the result of administrative action taken in a reasonable manner.
Member Simon Webb found a number of stressors contributed to the worker's "mood symptoms", such as her poor physical health following surgery, and pressures of being a single parent in full-time work.
He accepted a doctor's evidence that the worker's employment might have played some part in her condition, "but not to a significant degree".
Member Webb noted that if her employment had contributed to a significant degree, she still wouldn't be entitled to workers' compensation, as the administrative action taken by the manager was reasonable.
"Perhaps the manner in which the meeting was arranged and conducted could have been improved upon - more notice could have been given, different support arrangements could have been implemented, and the meeting might have been adjourned to reduce any distress [the worker] was experiencing, or for her to recompose herself when she was upset," he said.
"Perhaps [the manager] could have been less authoritarian, firm or stern in his demeanour.
"But the absence of these things does not mean that the action he took to address [the worker's] unplanned absences from work was unreasonable or that it was undertaken in an unreasonable manner."
