Teacher’s stressful cross-examination at trial found to be within the scope of employment1 August 2022 | Insurance & Health Law
A duty to report the sexual abuse of a disabled child resulted in a teacher being rigorously cross-examined at a criminal trial causing the teacher significant mental stress. This decision considers whether that mental stress was covered by the statutory worker’s compensation scheme in Tasmania.
One unreasonable management stressor out of nine enough for application for compensation to be accepted1 August 2022 | Insurance & Health Law
The Queensland Industrial Relations Commission accepted an appeal from a worker claiming compensation for a psychiatric injury allegedly sustained in the workplace. The Commission considered the application of section 32(5)(a), and whether her employer’s management action was reasonable in...
Intent does not suffice, employers can’t roll the dice on inherent risks27 May 2022 | Insurance & Health Law
A recent High Court decision again put the issue of mental health at the forefront exploring a duty of care in instances where the risk of psychological injury is heightened through the inherent nature of the role resulting in a need to ensure ongoing and active implementation of a safe system of...
How far is too far? Victorian Supreme Court clarifies what is expected of employers where there is a reasonably foreseeable risk of psychiatric injury6 April 2022 | Insurance & Health Law
The Court of Appeal refused an application of leave, finding that an employer did not breach its duty of care to prevent psychological injury, despite the injury being reasonably foreseeable.
Employer found liable for employee’s conduct post-termination6 April 2022 | Insurance & Health Law
The NSW Personal Injury Commission accepted a worker’s psychological injury claim arising from a manager’s harassment and intimidation, continuing after termination, was found to arise in the course of the worker’s employment, as the manager’s conduct was a continuation of behaviour...
When does workplace stress amount to a psychiatric injury?4 March 2022 | Insurance & Health Law
The Queensland Supreme Court recently considered the foreseeability of risk of a psychiatric injury being sustained in the workplace in circumstances where disciplinary action was taken against an employee.