A security guard who was injured while employed by South Australia Police will have repairs on his home and backyard Bali hut carried out as part of his rehabilitation.
Key points:
- The security guard was violently assaulted while working in 2017
- He argued the deteriorating state of his carport and Bali hut was hindering his recovery
- The Employment Tribunal upheld his claims
The South Australian Employment Tribunal this week upheld the man’s request for the repair services to be provided, finding that it would help him cope with his psychological injury.
The 52-year-old man was violently assaulted while working as a protective security officer in November 2017.
He suffered a range of physical injuries to his hand, his right shoulder and his neck, and has undergone nine surgeries to date.
He was also diagnosed with Post Traumatic Stress Disorder after the incident.
In his findings, the tribunal’s deputy president Stephen Lieschke said the man believed the timber on his backyard Bali-style hut had been in need of resealing since the end of 2017.
Repairs to the man’s carport were also requested.
“Since the emergence of the damage to the carport, the applicant hears rodents in his roof space at night time,” Mr Lieschke said.
Lack of maintenance causing stress and anxiety
Mr Lieschke said the fact the man could no longer keep on top of the maintenance — as he did prior to his injury — and the deterioration was causing him a “heap of stress and anxiety”.
“The applicant believes this is not helping him to recover from the chronic PTSD,” Mr Lieschke said.
“While I accept this belief, it is not accepted as a medical opinion.
“The applicant is very proud of his house. He considers it a reflection of who he is and of his standing in the community.”
The cost of the labour to carry out the repairs on the Bali hut was quoted as between $2,700 and $2,750.
The cost of carrying out the repairs on the carport was quoted at $3,200.
“The applicant will supply the material, just as he would have had he been able to do the work himself,” Mr Lieschke said.
Mr Lieschke said the refusal by South Australia Police to provide the services was “unreasonable”.
“I set aside the respondent’s determination and determine that the respondent is to promptly establish a recovery/return to work plan that incorporates the provision of these services, in accordance with these reasons,” he said.