In employer negligence cases involving psychiatric injury from workplace exposure to traumatic material, the causation chain requires proof on the balance of probabilities that the employee would have accepted protective measures (such as rotation out of the unit) if offered. Where the employee's contemporaneous conduct demonstrates passionate insistence on remaining in the role and pursuit of promotion, an inference that the employee would have accepted rotation is not the more probable inference, even if the employee later sought transfer after a period of absence. The absence of direct evidence from the plaintiff as to what she would have done is significant. The case was subsequently appealed to the High Court: Kozarov v Victoria [2022] HCA 12.
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