An employer must pay workers' compensation for a psychological injury, even though its former employee didn't show signs of mental ill health while she was working, was facing multiple stressors in her personal life, and lodged her claim outside the required timeframe.
Controversial reforms aiming to "stabilise" the NSW workers' compensation scheme will instead "radically reduce" employees' psychological injury rights, according to critics of the proposals.
After abandoning its own disciplinary policy and prematurely deciding an employee was guilty of misconduct, an employer couldn't argue its "reasonable action" was the predominant cause of her psychological injury.
"Any reasonable adult worker" should understand that using offensive language to describe a CEO and other employees constitutes misconduct, a tribunal has noted in dismissing a sacked employee's application for reinstatement.
A medical opinion stating it was "possible" that a disciplinary meeting "may have had an impact" on an employee's psychological condition did not come close to clearing her employer of liability for the injury, a tribunal has found.
A disciplinary meeting was not the main cause of an employee's psychological injury, but it was the final straw for him after a year of workplace hazing and bullying, a commission has found.
"Aggressive and deprecating" comments from a supervisor couldn't be considered reasonable management actions, a commission has noted in finding an employer liable for a psychological injury.
Stress that stemmed from a toxic workplace culture and sub-optimal return-to-work management was the primary cause of an employee's death, a coronial investigation has found.
An employee who was "hypersensitive" to workplace gossip and criticism has won compensation for a psychological injury, after a commission found a procedurally unfair misconduct investigation was its predominant cause.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
