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Is it forseeable?

Aug. 2015

Despite a number of findings that the plaintiff was overworked and distressed by the conduct of her supervisor, the plaintiff’s claimed failed because His Honour Devereaux SC DCJ found the plaintiff could not establish foreseeability.

TriCare (Country) Pty Ltd (the employer) employed the plaintiff as an administration assistant in 2007 at a nursing home in Point Vernon in Queensland. (Eaton v TriCare (Country) Pty Ltd [2015] QDC 173)

The plaintiff alleged that she sustained a psychiatric injury as a consequence of being overworked and workplace bullying and harassment on arrival of a new manager. In particular, the plaintiff alleged a number of incidents involving inappropriate communication and tone from her manager. These included:

i) threats to sack staff in response to an anonymous complaint about the manager's behaviour; ii) being told by her manager to "get over it" and "nobody likes you anyway"; and iii) disparaging comments about the Plaintiff being from New Zealand.

The plaintiff alleges that throughout the alleged period of time she suffered from considerable stress which was demonstrated through her change in character and demeanour (more negative), appearing withdrawn, worried and crying in the workplace.

Queensland District Court Judge Devereaux SC was critical of some aspects of the defendant's corporate culture and the leadership style of the manager concerned. He found the manager had regularly conducted herself in an unreasonable manner towards the plaintiff. Despite this, Judge Devereaux ultimately ruled the plaintiff's claim must fail. Forseeable?

His Honour was not satisfied that the plaintiff had proven, on the balance of probabilities, that the risk of the plaintiff sustaining a recognisable psychiatric illness was reasonably foreseeable. The plaintiff had not reported the manager's conduct to her superiors and they were not on notice in respect of the manager's conduct.

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