O'Donovan v Western Australian Alcohol and Drug Authority [No2] [2013] WADC 13
Ms Anne Helen O'Donovan was employed by the defendant as a registered nurse and in December 2004 made a workers' compensation claim against the defendant, allegedly caused by a series of stressful management decisions taken by the defendants.
Once WorkCover proceedings had established liability for the psychiatric injury, she issued District Court proceedings seeking Common Law damages against the defendant, alleging that their breach of duty of care and breach of contract caused her psychiatric injury.
She based her claim on several events involving management's treatment of her including:
- enforced leave
- unfair roster changes which she claimed were designed to intimidate her for raising issues with management over the running of the facility
- a stressful work environment
- an incident involving her self-administering medication at the defendant's premises and the disciplinary process that followed.
Foreseeable Risk of Injury
The plaintiff relied on the evidence of colleagues who spoke of their concerns about management's treatment of others.
The evidence was deemed to be of limited relevance as it failed to demonstrate that they showed signs of illness that management should have noticed and therefore that the plaintiff could also suffer illness as a result of her treatment in the work place. There was no evidence of abnormal sickness or absenteeism among the plaintiff's colleagues such that the defendant should have been alerted to a risk of injury to the plaintiff.
Breach of Duty
The trial Judge was satisfied that the defendant had complied with all relevant awards and the contract of employment except for the unfair roster changes and the enforced leave. The Judge noted that some of management's conduct could be characterised as a genuine mistake and some as an intention to bring the practice into line with modern clinical practice standards.
Early concerns raised by the plaintiff were said to have been adequately dealt with. Managers had been required to attend workplace bullying workshops and the defendant had adhered to all discipline and harassment policies in its dealings with the plaintiff.
The trial Judge was satisfied that the defendant provided a safe workplace and exercised reasonable care in the discharge of its obligations as an employer and accordingly dismissed the Plaintiff's claim against the defendant.
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