Introduction
Anecdotal evidence suggests that whilst workplace stress claims
continue to rise, they do not often result in actions for common
law damages. However, one such claim was recently considered by the
District Court in Finlay v The State of Western Australia
[2012] WADC132.
The Court dealt with a claim for damages arising from stress
caused in the workplace involving allegations of negligence and
breach of contract. The decision highlights the importance for
employers of conducting regular performance reviews and
establishing and implementing pragmatic policies within their
organisations.
The Facts
The Plaintiff, a long term employee of the Defendant, alleged
that she suffered a psychiatric injury and sought damages as a
result of being subjected to excessive workloads and distressing
telephone incidents. She claimed her illness developed during her
employment between 2003 to 2007 (material period)
and particularly, as a result of her being subjected
