Griffin v Brisbane City Council

[2024] QCA 157

Queensland Court of Appeal

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Interrogate

Catchwords

1. Tort
2. › Negligence
3. › Employer's liability
4. › Psychiatric injury
5. › Call centre worker exposed to abusive and serial callers
6. › Whether injury reasonably foreseeable
7. › Whether trial judge erred in dismissing claim on foreseeability ground not advanced by defendant
8. › Workers' Compensation and Rehabilitation Act 2003 (Qld), ss 305B, 305C, 305D, 305E
1. Tort
2. › Negligence
3. › Breach of duty
4. › Statutory framework for breach
5. › Requirement to decide breach within statutory framework
6. › Foreseeability as informing content of duty and breach rather than as standalone ground for dismissal
7. › Workers' Compensation and Rehabilitation Act 2003 (Qld), s 305B
1. Tort
2. › Negligence
3. › Employer's liability
4. › Psychiatric injury
5. › Foreseeability of psychiatric injury
6. › Whether evident signs of distress are a precondition to foreseeability
7. › Relationship between Koehler v Cerebos and Kozarov v Victoria
1. Appeal
2. › General civil appeal
3. › Functions of appellate court
4. › Whether appellate court should undertake primary fact-finding not performed at trial
5. › Remittal to trial judge

Quick Take

Breach and causation in employer liability for psychiatric injury claims in Queensland must be addressed within the statutory framework of ss 305B-305E, and evident signs of distress are not a precondition to establishing foreseeability of psychiatric injury.