Case studies
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Decision explores duty of care and psychiatric injury
Palmer & Ors v State of Queensland 27 March 2015. This judgement analyses what employee actions can be classified as being within the course of employment and shows that, if an internal investigation process is followed by an employer, there is no special duty of care owed to minimise the risk of psychiatric injury to employees being investigated.
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Damages awarded for physical and psychological injury
Harris v State of Queensland [2014] QDC 35 28 February 2014. Liability was admitted by the employer, but a psychiatric injury, which arose after the physical workplace injury, led to the trial to judge the amount of damages.
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Employer not liable for worker failing to keep look out
Pershouse v Sirius Observatories Australia [2013] QDC, 9 May 2013. The Court was satisfied that there was no duty upon the employer to protect the worker from a risk that would have been reasonably foreseen by the worker.
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Judgement of breach of duty of care overturned on appeal
Larkin v Suncorp Staff Pty Ltd [2013] QDC 028 Samios DCJ. A judgement ruling an employer breached its of duty of care was overturned on Appeal when it was noted that there was a low probability that an accident would occur and the resulting injuries would be minimal.