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An absence of workplace bullying reports did not mean an employer wasn't aware of the conduct, a court has found, in awarding an employee more than $950k in damages for a psychiatric injury.
In circumstances where a supervisor was the alleged perpetrator, the employer "could not realistically argue it was not on notice of that conduct", NSW District Court Judge John Catsanos noted.
The case involved a NSW Police Force detective sergeant who sought damages for a psychiatric injury caused by his supervisor's bullying and harassment. The employer denied breaching its duty of care to him and maintained it wasn't liable to pay him damages.
The employee said his early working relationship with the supervisor was "perfect" and that they were like partners; they'd have "small chitchat" in his office, and he was given flexibility to see specialists during work hours, to deal with a back injury...
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