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CASE STUDY |
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When Workplace Stress Becomes a Workers’
Compensation Matter
By Joseph Nunweek |
A recent case, Hunter and Telstra Corporation
(2015), highlights some important considerations in the area of
workplace mental health. The employer’s decision to reject a workers’
compensation claim for depression was overturned by the Administrative
Appeals Tribunal of Australia, reinforcing the fact that employers
cannot simply rely on an objective assessment of what constitutes an
unreasonable workload for health and safety purposes.
The Facts of the Case The applicant, Mr Hunter, had worked for Telstra
for over 30 years, eventually reaching the position of project manager.
Between November 2011 and April 2012, he underwent a performance
management process that ended in him receiving a written warning.
In 2013, he lodged a claim for workers’ compensation, describing
his injury as a “major depressive episode”. He attributed the condition to “intense and
sustained ... Stress levels’, “long-term exposure to high workloads” and
“volatile and mentally demanding work”. In rejecting his claim, Telstra argued that Mr
Hunter did not have a heavy workload.
Telstra provided evidence that it said showed other project
managers coped with more work than Mr Hunter was asked to perform. Additionally, Telstra argued that because Mr
Hunter’s performance management amounted to reasonable management
action, he was precluded from claiming compensation.
What was the Decision? The Tribunal heard from the consultant
psychiatrists about Mr Hunter’s condition.
The psychiatrists confirmed that Mr Hunter was affected by a
major depressive disorder arising out of prolonged workplace stress, and
that this disorder was likely to have developed from mid-2010 onwards. Finding that Mr Hunter had indeed developed an
injury from his employment, the Tribunal noted that it was not necessary
that his workload was “objectively excessive”.
It was sufficient that Mr Hunter genuinely perceived he had a
high and stressful workload. Telstra’s argument that any psychological injury
was the result of reasonable management action also failed, as it was
established that Mr Hunter had already suffered the psychological injury
nearly 18 months before that action was taken.
This meant it was not necessary to consider whether Telstra’s
actions in managing Mr Hunter’s performance were reasonable. The decision to refuse Mr Hunter compensation
was set aside, and Telstra was also held liable for Mr Hunter’s court
costs.
What Does this Mean for You? This case confirms that courts and tribunals
considering a claim for depression, stress or burnout will start with
the question of whether a worker’s psychological injury was aggravated
by their workplace – not with the question of how much work is too much. As this and other cases show, an employer’s
personal assessment of whether work circumstances contributed to a
worker’s psychological injury will not count for much.
In reaching its decision, the Tribunal drew on an earlier Federal
Court case, Wiegand v Comcare Australia (2002), which stated:
“If the incident or state of affairs actually
occurred, and created a perception in the mind of the employee (whether
reasonable or unreasonable in the thinking of others) and the perception
contributed in a material degree to an aggravation of the employee
ailment, the requirements…..are fulfilled.” Generally, a worker will be able to make a
successful claim due to the ‘no fault’ principle typically adopted by
workers’ compensation schemes, i.e. a worker will be entitled to
compensation if they cannot work due to a work-related injury, even if
their employer committed no wrong.
Similarly, that issues or experiences outside work may also be
affecting a worker’s psychological condition will not itself eliminate a
worker’s right to claim worker’s compensation. However, bear in mind that psychological injury
caused by reasonable management action (such as disciplinary action or
performance management) is not compensable, or otherwise in breach of
health and safety laws. |
This article is © 2015 Portner Press Pty Ltd and has been reproduced with permission of Portner Press, Australia. It was first published in the Health & Safety Handbook | close window |
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