Kemp v Gold Coast Hospital and Health Service
[2024] QSC 259 · Sullivan J
Jamie Kemp worked as a radiographer and sonographer at the Gold Coast University Hospital. In late 2017 he made a confidential complaint to the Office of the Health Ombudsman about the conduct of medical imaging assistants, but the Ombudsman mistakenly told his employer who the complainant was. Mr Kemp claimed that, once his identity became known, he was bullied, harassed and victimised by his manager and co-workers, which caused him a psychiatric injury. He sued the hospital for negligence as his employer. The judge examined seven categories of alleged misconduct and found that the events either did not happen or were not made out by the evidence. The court accepted Mr Kemp had a serious depressive disorder, but found it was longstanding and pre-existing, and that his misperceptions of his co-workers were likely caused by his untreated illness rather than actual mistreatment. The judge held the hospital owed no relevant duty of the kind argued, did not breach any duty, and did not cause his injury. The claim was dismissed. Had the plaintiff succeeded, the court would have awarded about $496,000.
Incident & injury
Alleged workplace bullying, harassment and victimisation following the plaintiff making a confidential complaint to the Office of the Health Ombudsman about colleagues, said to have caused a psychiatric injury (aggravation of a pre-existing major depressive disorder)
Read the findings as text
- Bullying alleged. Seven categories examined.
- Events did not occur. Illness was pre-existing.
- Claim dismissed. $496,000 if successful.
- Body regions
- Psychiatric
- Diagnoses
- Major Depressive Disorder
- Incident date
- 11 April 2018
- Location
- Gold Coast University Hospital
Quick facts
- Date of judgment
- 30 October 2024
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 44
- Occupation
- Radiographer and sonographer Professional
- Liability
- Disputed
- ISV assessed
- 7 · Item 12 (Mental disorders, PIRS 4-10%)
- Whole Person Impairment
- 17%
- Total damages
- $0
Outcome
The plaintiff's claim was dismissed. The court found in favour of the defendant on the critical facts, holding that the alleged inappropriate conduct did not occur, that no relevant duty of care with the scopes contended was owed (or was not breached), and that any psychiatric injury was not caused by the defendant. A hypothetical quantum of $495,934.64 was assessed in case of error on liability.
Defendant
1 Gold Coast Hospital and Health Service
Employer
- Judgment against this defendant
- $0
- WorkCover refund
- $141,374
- Medicare refund
- $4,587
Heads of damage
| General damages | $12,320 |
|---|---|
| Past economic loss | $401,348 |
| Interest on past EL | $20,853 |
| Past superannuation | $24,698 |
| Future loss of economic capacity | $0 |
| Future superannuation | $0 |
| Past special damages (plaintiff) | $7,837 |
| Past special damages (WorkCover) | $10,896 |
| Future special damages | $17,984 |
| Subtotal before refunds | $495,935 |
Key issues
Kemp v Gold Coast Hospital and Health Service [2024] QSC 259
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Learn more about WorkCover common law claims and psychological injury claims in Queensland.