Robinson v EACH Ltd

[2024] VSCA 313

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Negligence
2. › Employer's duty of care
3. › Psychiatric injury
4. › Vicarious trauma
5. › Mental health support worker
6. › Foreseeability of risk of injury
7. › Whether risk foreseeable before employee's disclosure of distress
8. › Whether inherent nature of work gave rise to foreseeable risk
1. Negligence
2. › Employer's duty of care
3. › Psychiatric injury
4. › Vicarious trauma
5. › Breach of duty
6. › Reasonable response to foreseeable risk
7. › Whether employer's response of capping workload rather than ceasing all client contact was reasonable
8. › Prospective assessment of reasonableness
1. Negligence
2. › Employer's duty of care
3. › Psychiatric injury
4. › Return to work arrangements
5. › Whether employer breached duty during return-to-work period
6. › Whether employee's self-initiated exposure to client information constituted employer's breach

Quick Take

An employer's response to an employee's disclosure of psychological distress from vicarious trauma need not involve immediate cessation of all client contact; capping the workload and monitoring the situation may constitute a reasonable response assessed prospectively, particularly where the cause of distress is not entirely clear and the employee has access to further support.