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TOIL doesn't solve problem of high work demands

Being able to take time off in lieu didn't alleviate the stress caused by a manager's "significant" workload, a commission has ruled in rejecting an employer's psychological injury appeal.

While accepting that TOIL and flex time were "important entitlements" when employees worked extra hours, Queensland Industrial Relations Commissioner Samantha Pidgeon found "there was still work awaiting her" when the manager returned from these periods.

In early 2021, the Queensland Department of Agriculture and Fisheries manager sought workers' compensation for a psychological injury, but WorkCover Queensland rejected her claim. The Workers' Compensation Regulator overturned this decision, however, finding her injury was caused by her high work demands, among other factors.

The employer subsequently appealed, denying the injury was work-related, or alternatively arguing that it arose due to reasonable management action taken in a reasonable way...

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