The scope of employers’ liability: Robinson v Queensland

Abstract

Employers are reminded that they may be held responsible for employee injuries caused by managerial mistreatment, following a 2017 decision of the Supreme Court of Queensland.

The Supreme Court of Queensland (the court) upheld the claim of a District Director of Nursing (DON) that, in failing to act to prevent a course of managerial mistreatment by her District Chief Executive Officer (CEO), her employer (the Cape York Health Service) had breached its duty of care. It had failed to take reasonable care to avoid exposing her to a foreseeable risk of psychiatric injury in her employment. Further, it was vicariously liable for the actions of this manager.