Robertson v State of Queensland & Anor
[2021] QCA 92 · Henry J (Fraser and McMurdo JJA agreeing)
Maureen Robertson was an endorsed enrolled nurse at the Gold Coast Hospital. She claimed she developed a psychiatric illness, a chronic adjustment disorder with anxiety and depression, because colleagues bullied, badgered and 'mobbed' her over concerns about her competence in administering medication, and because of how a performance management process was run. Her claim was dismissed after a District Court trial, and she appealed. The Court of Appeal dismissed the appeal. The trial judge had found that, with two minor exceptions, the incidents were unremarkable workplace responses to genuine competency concerns rather than bullying. Because she did not show signs that made psychiatric injury reasonably foreseeable, her employer owed no duty to take special care to avoid such injury. The court also held there had been no breach of any duty and that she had not proved her illness was caused by any wrongdoing rather than ordinary work stress. She recovered nothing.
Incident & injury
Alleged psychiatric injury (chronic adjustment disorder / major depressive disorder) from workplace conduct of colleagues and a performance management process concerning her nursing competency
- Body regions
- Psychiatric
- Diagnoses
- chronic adjustment disorder with mixed anxiety and depressed mood, Major Depressive Disorder
- Location
- Gold Coast Hospital
Quick facts
- Date of judgment
- 7 May 2021
- Claim type
- WCRA Common Law
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 57
- Occupation
- Endorsed enrolled nurse Technician / Trade Worker
- Liability
- Disputed
- Total damages
- $0
Outcome
The Court of Appeal dismissed the nurse's appeal against the dismissal of her claim for psychiatric injury, holding the employer owed no duty to take reasonable care to avoid psychiatric injury because such injury was not reasonably foreseeable, and in any event there was no breach and no proven causation.
Key issues
Robertson v State of Queensland & Anor [2021] QCA 92
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Learn more about WorkCover common law claims and psychological injury claims in Queensland.