The High Court will hear an appeal against a decision of the Queensland Court of Appeal on employer liability in investigating a violent altercation between two employees. The appellant, an employee of the respondent, was attacked by another employee when they swapped caring shifts. The QCA held that the respondent neither caused nor negligently failed to stop the attack, but did hold that it exacerbated the psychiatric harm done to the appellant when it sent letters that stood her down while the matter was under investigation and accepted the attacker’s view that the incident was the appellant’s fault. The QCA ultimately held, however, that no damages were payable because the provider did not have a duty to avoid such harm in the course of investigating the incident.
High Court Judgment | ||
Result | ||
High Court Documents | Govier | |
Full Court Hearing | ||
Special Leave Hearing | [2017] HCATrans 183 | 15 September 2017 |
Appeal from QCA | [2017] QCA 12 | 10 February 2017 |
Trial Judgment, QDC |
[2016] QDC 56 | 18 March 2016 |