Potter v Gympie Regional Council
[2022] QCA 255 · Flanagan JA (Mullins P and Williams J agreeing)
Mr Potter was a manager in the Local Laws Branch of the Gympie Regional Council. In July 2014 he was suspended on full pay while the Council investigated misconduct allegations made against him by another staff member. He later developed a psychiatric condition (an adjustment disorder with anxiety and depressed mood) and never returned to work. He sued the Council, arguing that the way it suspended him caused his psychiatric injury. The trial judge dismissed his claim, finding the Council did not owe a duty of care when suspending him, that the risk of psychiatric injury was not reasonably foreseeable at the time, that any duty was not breached, and that the suspension was not the cause of his injury. Mr Potter appealed. The Court of Appeal dismissed the appeal, holding the trial judge made no error on any of these four issues. He recovered nothing in this proceeding.
Incident & injury
Psychiatric injury alleged to arise from employer's decision to suspend the employee on full pay pending a misconduct investigation
- Body regions
- Psychiatric
- Diagnoses
- adjustment disorder with anxiety and depressed mood
- Incident date
- 21 July 2014
- Location
- Gympie, Queensland
Quick facts
- Date of judgment
- 9 December 2022
- Claim type
- WCRA Common Law
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 43
- Occupation
- Manager, Local Laws Branch (local council) Manager
- Liability
- Disputed
- Total damages
- $0
Outcome
The Court of Appeal dismissed the employee's appeal against the dismissal of his claim for damages for psychiatric injury arising from his suspension. The appellant failed to establish error in the primary judge's findings on duty of care, foreseeability, breach and causation.
Defendant
1 Gympie Regional Council
Employer
- Judgment against this defendant
- $0
Key issues
Potter v Gympie Regional Council [2022] QCA 255
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