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

johnboy 16 July 2009 5

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:

    “On this level of analysis one may also ask why she could not work as a barrister”

Ms Grguric’s claim was upheld.

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5 Responses to Too incapacitated to work in the CIT canteen? Just become a public servant
YapYapYap YapYapYap 12:22 am 17 Jul 09

Sorry about the humerous aside, MWF. Commiserations to Ms Grguric’s family and friends.

MWF MWF 12:05 am 17 Jul 09

Denise was a great woman. Well loved by all staff (well except management perhaps – because senior management at CIT hate all the staff, especially the teachers, that’s a given) and a hard working, consistent and truthful employee of CITSA.

What a trial, even after the poor woman is dead, the CIT still go after her. Shame on CIT.

YapYapYap YapYapYap 11:02 pm 16 Jul 09

Reminds me of the lawyer email that does the rounds from time to time.

Lawyer to pathologist: How can you be sure the victim was dead?

Pathologist: I performed an autopsy on the victim and can confirm he was deceased.

Lawyer: Can you be sure of that?

Pathologist: Yes. His brain was in a bottle.

Lawyer: Is the any posssibility he could still be alive?

Pathologist: I guess he could be practicing law.

ant ant 4:14 pm 16 Jul 09

“On this level of analysis one may also ask why she could not work as a barrister”

Heh, nice one! Reading that badgering cross-exam by the un-named barrister, I had to wonder, did the CIT ask for their money back? Desperate stuff. He was reaching and digging and getting nowhere.

Ozi Ozi 4:04 pm 16 Jul 09

Magistrate Fryar is clearly enjoying herself. 🙂 It seems she also has the pre-requisites for editor of an online news and views forum…. *grins at JB*

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