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In finding today that the risk of an employee's psychiatric injury was a "serious possibility" after his botched dismissal process, the High Court has nonetheless determined not to rule on whether employers' duty of care extends to disciplinary and termination events.

Justice Jayne Jagot summarised the background of the case succinctly in her decision, issued separately to that of the majority bench.

"An employer botches its own disciplinary procedures by not informing an employee of key allegations that the employer ultimately considers in deciding whether to terminate the employee's employment and, therefore, fails to give the employee any opportunity to respond to those undisclosed allegations or a real opportunity to respond to the allegations in fact notified to him.

"In so doing the employer breaches terms of the employment contract. The employer unlawfully summarily dismisses the employee. The employee develops a serious psychiatric illness, which it is found was caused by both the botched disciplinary procedure leading to the unlawful termination of the employment and that unlawful termination...