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S82(2A) – Managing stress at workTechniques for building a good case of non-compliance

James Johnson | Partner, Sparke Helmore

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Usual Rejection/termination Criteria

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Section 82(2A) Accident Compensation Act 1985

Section 82(2A) states:

Compensation is not payable in respect of an injury consisting of an illness or disorder of the mind caused by stress unless the stress did not arise wholly or predominantly from –

(a) Reasonable action taken in a reasonable manner by the employer to transfer, demote, discipline, redeploy, retrench or dismiss the worker; or

(b) A decision of the employer, on reasonable grounds, not to award or provide promotion, reclassification of transfer of, or leave of

absence or benefit in connection with the employment, to the worker; or

(c) An expectation of the taking of such action or making of such a decision.

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Onus

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Transfer – Demotion

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Discipline

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Dismissal

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Summary

There are 4 key elements to establishing section 82(2A) defences: » The medical condition must be an illness or disorder of the

mind caused by stress; » The conduct of the employer must have wholly or

predominantly caused the condition; » The conduct must fit into one of the discreet categories of

transfer, demotion, discipline, redeployment, retrenchment, dismissal or a decision of the employer not to award or provide promotion, reclassification or transfer of, or leave of absence from or benefit in connection with employment or an expectation of the taking of such action or making of such a decision;

» The conduct of the employer in relation to the relevant action must have been reasonable in the circumstances.

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Factual Dispute/Credit

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Thank you

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