Log in or become a subscriber

This content requires HR Daily Premium membership. Log in below or sign up here.

Harassed employee's psych injury evidence was "tainted" by lies

An employee's evidence about the ongoing impacts of experiencing workplace harassment was so "tainted by [her] lies" that she couldn't pass the first hurdle in her psych injury damages claim.

The employee lied in a sworn affidavit, during her oral evidence, in medical certificate statutory declarations, and at the very least misled her doctor and psychiatrist, Victorian County Court Judge David Purcell accepted, ruling she'd failed to meet the onus of proving she'd suffered a "serious injury".

The Juicy Car Rentals customer service assistant had sought leave to claim damages for pain and suffering, and pecuniary loss, related to a "permanent severe mental or permanent severe behavioural disturbance or disorder".

The Court heard that in July and August 2023, a colleague: asked the employee whether she used drugs; made inappropriate comments about a social outing; touched her inappropriately when they were in a car together; and spoke aggressively towards her.

The employee reported the first three incidents to the employer after they occurred and, following the last event, she took sick leave and later made a statement to police...

Log in or become a subscriber
Subscriber login

Having trouble using your subscription? Contact us for help or check our FAQ page here for answers to commonly asked questions.

HR Daily Premium membership

Sign up now for all the benefits of HR Daily Premium membership.

Join here to stay informed

HR Daily Premium members are Australia's best-informed HR leaders and practitioners when it comes to HR news, thought leadership, legal compliance and emerging trends. Unlock premium membership to receive:

Full access to our news library Breaking news updates each day Complimentary passes to all webinars Webcasts streaming on demand Q&A sessions on hot topics And much more