A Tasmanian bus driver has been denied workers’ compensation following an altercation with passengers that led to his suspension by Metro Tasmania.
The Tasmanian Civil and Administrative Tribunal has ruled that the driver is not entitled to weekly compensation payments after the December 13 incident in Mowbray.
TASCAT senior member Rod Chandler found Metro Tasmania had presented a “reasonably arguable case” that the driver’s psychological injury resulted from his own “serious and wilful misconduct” during the confrontation with two young passengers.
The incident began when the driver instructed two youths to exit the bus after one opened a beer onboard.
Rather than following Metro’s procedures by remaining seated and calling for assistance, the Tribunal heard the driver left his seat to physically confront the passengers
The driver told the pair that drinking alcohol on the bus was not permitted and told them to leave.
The youth holding the beer offered to throw the drink out, but the driver insisted they leave.
One youth produced a metal pipe, leading to a physical altercation where the driver threw punches before being struck by the pipe near his right eye.
“The worker did not follow the stipulated procedure in dealing with the situation,” the tribunal noted, adding that the driver “escalated the event” rather than seeking assistance as required by Metro’s Bus Operator Manual.
Following the incident, CCTV footage showed the driver operating the bus “erratically” while travelling to hospital, allegedly running red lights and overtaking vehicles in opposite lanes.
He abandoned the bus outside the hospital at the nearby Metro bus stop before taking himself inside the Emergency Department.
On December 16, the driver was requested to attend a meeting at the Metro offices to review CCTV of the incident and was encouraged to bring a support person.
Metro Tasmania suspended the driver on full pay on December 17 while conducting an investigation.
The driver filed his workers’ compensation claim on December 30, citing “adjustment disorder with depressed and anxious mood – possible PTSD” caused by “serious assault whilst working as a bus driver.”
The tribunal found it “reasonably arguable” that the driver’s psychological condition stemmed from the employer’s disciplinary process rather than the passenger incident itself.
