Relevance of this question

Relevance of this question

This question is testing a general exclusionary provision in the definition of “injury” in s 4(1) of the SRC Act.  The definition relevantly reads:

“injury” means:

(a)a disease suffered by an employee; or

(b)an injury (other than a disease) ...; or

(c)an aggravation of a physical or mental injury (other than a disease) ...;

but does not include any such disease, injury or aggravation suffered by an employee as a result of reasonable disciplinary action taken against the employee or failure by the employee to obtain a promotion, transfer or benefit in connection with his or her employment;

The effect of the provision is that a claim for compensation will fail if the injury is a result of:

• reasonable disciplinary action taken against the employee; or
• failure by the employee to obtain a promotion, transfer or benefit in connection with their employment.

Note that the exclusion applies whether the injury is an injury simpliciter, a disease, or an aggravation of a disease or injury.