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Unexplained delays and unclear disciplinary findings have undermined an employer's "reasonable action" defence to a psychological injury claim.
Failing to provide adequate notice prior to an allegations meeting, "which had clear propensity to have a profound effect" on the employee's career, was also a key flaw that NSW Personal Injury Commission Member Jacqueline Snell identified in the employer's process.
The Workers Educational Association teacher sought workers' compensation for an adjustment disorder, which she claimed resulted from bullying, harassment and intimidation in her workplace.
The employer didn't dispute that she'd sustained a psychological injury in the course of her employment, but argued it resulted from reasonable disciplinary action and therefore wasn't compensable...
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