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.