Robertson v State of Queensland
[2020] QDC 185 · Barlow QC DCJ
Maureen Robertson was an endorsed enrolled nurse at the Gold Coast Hospital who worked night shifts in the cardiology unit. She claimed that between 2011 and 2012 her colleagues, mostly registered nurses, bullied, badgered and ganged up on her at work, and that this caused her a psychiatric injury that ended her nursing career. She sued the State of Queensland and the hospital, arguing they had a duty to protect her from psychiatric harm and failed to do so. The hospital said its staff had genuine, reasonable concerns about her competence, especially with medications and patient emergencies, and that its actions were proper supervision and retraining, not bullying. The judge worked through each alleged incident and found that, apart from perhaps two isolated occasions, the conduct was not bullying. He held the hospital owed no duty to avoid psychiatric injury, did not breach any such duty, and that her illness was not shown to have been caused by any breach. Judgment was for the defendants. The judge noted damages would have been about $416,540 had she succeeded.
Incident & injury
Alleged bullying, badgering and mobbing by colleagues over 2011-2012 causing psychiatric injury (chronic adjustment disorder / major depressive disorder)
- Body regions
- Psychiatric
- Diagnoses
- chronic adjustment disorder with mixed anxiety and depressed mood, Major Depressive Disorder
- Incident date
- 8 January 2013
- Location
- Gold Coast Hospital, ward 9C (cardiology unit)
Quick facts
- Date of judgment
- 6 August 2020
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- ~58 (inferred)
- Occupation
- Endorsed enrolled nurse (EEN) Community & Personal Service Worker
- Liability
- Disputed
- ISV assessed
- 5 · Item 12, Schedule 9 WCRR (moderate mental disorder)
- Total damages
- $0
Outcome
The court gave judgment for the defendants. It found the plaintiff was not bullied, badgered or mobbed (except possibly on two isolated occasions), that the defendants owed no duty of care to avoid psychiatric injury, that any such duty was not breached, and that causation was not established. Nominal damages, had liability been found, were assessed at $416,540.22.
Defendants (2)
1 State of Queensland
Employer
- Judgment against this defendant
- $0
- WorkCover refund
- $85,540
Heads of damage
| General damages | $6,550 |
|---|---|
| Past economic loss | $289,017 |
| Past superannuation | $26,011 |
| Future loss of economic capacity | $139,230 |
| Future superannuation | $13,227 |
| Past special damages (plaintiff) | $12,114 |
| Past special damages (WorkCover) | $10,143 |
| Interest on past special damages | $288 |
| Future special damages | $5,000 |
| Subtotal before refunds | $502,080 |
2 Gold Coast Hospital and Health Service
Employer
- Judgment against this defendant
- $0
Key issues
Robertson v State of Queensland [2020] QDC 185
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