Too incapacitated to work in the CIT canteen? Just become a public servant

Here’s an interesting judgment appearing on the Magistrate’s court website today but dated 14 July.

It’s the sad story of the now deceased Denise Grguric who was trying to get compensation from the CIT Students Association after she injured her back lifting a bag of muffin mix while working in the canteen at the Phillip campus on 18 July 2005.

Amongst many other unsuccessful arguments the CIT SA’s lawyers put was an interesting one

In any event, the motive suggested for the Applicant deliberately to downplay her public service experience was said to be a desire by the Applicant to hide the fact she was capable of working as a public servant. When the Applicant denied that she was capable of working as a public servant the following cross-examination occurred:
“Let’s just explore that, can we? You can walk around, can’t you? — Limited, yes.
You can write, can’t you? —Yes.
You can answer a telephone, can’t you? —Yes.
Yes. You can sit down and stand up, can’t you? —Yes.
What is it about the public service work that you could not do? —I haven’t been in the public service for a long time, sir.
Yes, what is it, however, bearing in mind the duties you performed as a public service all those years ago, which of those duties could you not now perform? —Sitting for long periods of time, and standing, I find that very difficult to do.
But you know full well that in a public service job you don’t have to sit for long periods or stand for long periods without being able to adjust your posture and move around. You know that, don’t you? — Yes.
So do you agree with me that there is no reason why you could not currently perform the duties of a public servant? Do you agree? —No, I don’t.
Alright, why is it then? Tell us why you can’t do it? — Because I’m on medication. I find it hard to concentrate. I would love to go back to work. I tried to go back to work. I enjoyed my job. I loved being in that job.” (Transcript p20)

Magistrate Fryar is perhaps indulging in a spot of humour while dismissing this one:

Ms Grguric’s claim was upheld.