A QANTAS flight attendant has won a legal case that could affect hundreds of airline employees and other workers who are injured while travelling for job-related reasons on days off.
John Kennerley was injured on March 10, 2010, after setting off from his Gold Coast home to spend the night in Brisbane, the day before he was due to fly to Sydney to renew his US visa.
Queensland's Industrial Court President David Hall last month ruled Mr Kennerley's traffic accident injuries were suffered in the course of his employment, even though he was on a day off.
Qantas required Mr Kennerley to renew his visa in his own time, it had booked his 8.45am consulate appointment and had paid for his 5am flight to Sydney on March 11, 2010, the court heard.
The airline's insurer, Qantas Airways Ltd, originally rejected his worker's compensation claim, and there were subsequent appeals to Q-Comp and the Queensland Industrial Relations Commission.
But on October 18, the Industrial Court president found that Mr Kennerley's employment was "a significant contributing factor" to his injuries and he was entitled to compensation.
"It was the nature and terms of his employment together with decisions and initiatives of Qantas which caused Mr Kennerley to be riding his motorbike where and when he was injured," Mr Hall said.
The Industrial Court heard because he had such an early flight to his Sydney consulate appointment, Mr Kennerley decided to travel the day before and stay overnight with a friend in Brisbane.
While Qantas Airways Ltd tried to argue that he was spending the night with a Brisbane friend for social reasons, this was rejected by Mr Hall.
Mr Kennerley said he was unable to travel by train in time to meet his flight on March 11 and felt it was unsafe to make an early morning motorcycle journey to Brisbane in the dark.
Mr Kennerley's lawyer, Greg Black of Turner Freeman, said the decision was significant for hundreds of Queensland flight attendants and the Flight Attendants' Association had supported Mr Kennerley's appeal.
Mr Black said it also could protect "fly-in, fly-out" workers and other workers whose employers required them to travel in their own time to renew work-related licences or visas or meet job conditions.
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