Saturday, 31 October 2015

Woolworths Ltd v Perrins [2015] QCA 207

Court Provided Information: TORTS – Negligence – Essentials of action for negligence – Duty of care – Where nervous or shock or mental disorder – Where the respondent was employed by the appellant – Where the respondent applied to take part in a management training programme during his employment – Where the respondent was accepted into the programme then removed before the programme commenced – Where the respondent made a second application for the management training programme the following year but was again removed before it commenced – Where the respondent was diagnosed with "adjustment disorder with depressed mood", "dissociative disorder", and "substance abuse disorder" following his removal from the programme the second time – Where the respondent had a history of drug abuse and depression – Where the respondent had not indicated any factors which would negatively impact his performance when applying for employment – Where the respondent gave evidence at trial that he had notified the appellant of his vulnerability to psychiatric injury – Whether the fundamental findings of fact made by the trial judge should stand – Whether the appellant was negligent – Whether the appellant's duty of care as an employer extended to avoiding psychiatric injury liable to be caused by insistence on meeting the criteria for promotion – Whether appellant's alleged breach of duty caused the respondent's psychiatric injury – Whether the respondent's psychiatric injury was reasonably foreseeable.

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