"Carrel ruled the fall happened during a paid, authorised break, something Vercoe "would have done had she been working in the office", and said it didn't matter that the council had no idea the barrier existed. However, the council - backed by ReturnToWorkSA - appealed, arguing the tribunal failed to consider whether Vercoe's employment was a "significant contributing cause" of the injury. In a majority ruling in December 2025, the tribunal found simply working from home wasn't enough to make the accident work‑related."
"President Justice Steven Dolphin and Deputy President Judge Calligeros said Carrel had blurred two separate legal tests. Calligeros noted the fence may have been part of Vercoe's workplace "on the day in question", but it clearly served a private purpose - keeping her rabbit away from the puppy - meaning "there was no work‑related element involved". He also found too much weight had been placed on the fact the break was authorised, without properly assessing whether the job itself contributed to the fall."
A council operations programmer broke her arm in 2022 after tripping over a 60cm pet gate in her sunroom while getting coffee during a paid, authorised break. An initial compensation denial was overturned by a tribunal member who found the home an authorised workplace and the gate a workplace hazard. The council and ReturnToWorkSA appealed, arguing the tribunal did not assess whether employment was a significant contributing cause. In a December 2025 majority ruling, judges found merely working from home insufficient to make the accident work‑related and sent the case back for reconsideration.
Read at 7NEWS
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