Compo win for cricket

The Cairns Post - - NATION -

A WORKER in­jured play­ing cricket while try­ing to “re­set his body clock” dur­ing shift change at a min­ing site in South Aus­tralia can claim com­pen­sa­tion.

Ben­jamin Austin Back­house, 28, in­jured his left knee bat­ting dur­ing a “spon­ta­neous” twohour cricket game in 2016, as he re­cov­ered while on a day off be­tween a week of night­shift and seven days of dayshift.

Re­turn To Work SA re­jected his com­pen­sa­tion claim, ar­gu­ing it was not part of his job and had in­stead oc­curred in a so­cial or sport­ing en­vi­ron­ment.

Mr Back­house sued, and in a prece­dent-set­ting judg­ment, the South Aus­tralian Em­ploy­ment Tri­bunal has ruled he is el­i­gi­ble for an undis­closed amount of com­pen­sa­tion.

Tri­bunal Deputy Pres­i­dent Michael Ardlie found play­ing cricket to “stay awake” meant Mr Back­house did not breach work “fa­tigue” rules and that phyis­cal ac­tiv­ity be­tween shifts was part of his em­ploy­ment.

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