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25.2.4 'Benefit'


The Concise Oxford Dictionary defines 'benefit' in the following terms:

benefit n. a favourable or helpful factor or circumstance; advantage; profit.

The following circumstances can be said to involve a failure to obtain a benefit:

  • complaints by an employee that his skills and capacities were not being fully utilised by the employer such that he could not demonstrate his fitness for a better paid position: Comcare v Mooi (1996)
  • complaints by an employee that he was not receiving training which would fit him for a higher position (as opposed to training necessary to enable him to perform the duties of his position): Comcare v Mooi (1996)
  • refusal by supervisors to approve an application for payment of a higher duties allowance: Comcare v Mooi (1996)
  • the opportunity to undertake a field trip in connection with employment, with the associated opportunity to make a 'profit' on travelling allowance: Stansfield and Comcare (1996)
  • a failure to be allowed to change from full-time to part-time employment was a failure to obtain a benefit as it was quite clear that the applicant 'saw a change from full-time employment to part-time employment as being beneficial to his family situation': Barber and Comcare (1998)
  • failure to obtain a permanent position: Trewin v Comcare (1998).