Rachel Molloy v Clean Management Solutions Pty Ltd
[2025] QSC 327 · Martin SJA
Rachel Molloy worked for Clean Management Solutions and sued the company for damages, alleging she suffered a psychological injury caused by sexual assault and harassment by the general manager over about a year. Before she could sue, she had to obtain a workers' compensation Notice of Assessment, which confirmed an 8% permanent impairment from a psychological injury. The company applied to strike out parts of her claim, arguing she could not rely on certain incidents because the Office of Industrial Relations review officer had not substantiated those particular events or had treated them as reasonable management action. The court refused the application. It held that a Notice of Assessment confines a worker only to the type of injury assessed, not to the specific events behind it, and that the review officer's reasoning does not limit what the plaintiff can argue at trial. The plaintiff's claim can therefore proceed in full.
Incident & injury
Sexual assault and sexual harassment by the general manager of the employer over a period of time, causing psychological injury
- Body regions
- Psychiatric
- Diagnoses
- psychiatric/psychological injury
Quick facts
- Date of judgment
- 4 December 2025
- Claim type
- WCRA Common Law
- Proceeding
- Interlocutory
- Plaintiff outcome
- Successful
- Occupation
- Not stated
Outcome
The defendant employer's application to strike out paragraphs of the plaintiff's statement of claim was dismissed. The court held that a Notice of Assessment confines a plaintiff only to the nature of the injury assessed (here, a psychiatric/psychological injury), not to the events or findings in the OIR's reasoning, so the plaintiff was not barred from relying on the disputed factors.
Key issues
Rachel Molloy v Clean Management Solutions Pty Ltd [2025] QSC 327
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