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ARTICLE · 18 JULY 2012

Kelly v Bon Secours Health System

Mason Hayes & Curran LLP
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Plaintiff awarded €90k for back injuries related to a manual handing accident and psychological injuries arising out of a bullying and harassment in the workplace

IrelandLitigation, Mediation & Arbitration
Ailbhe Gilvarry
Ailbhe Gilvarry
Lorcan Buckley
Lorcan Buckley
Rachel Kavanagh
Rachel Kavanagh
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[2012] IEHC 21 - Cross J.

Plaintiff awarded €90k for back injuries related to a manual handing accident and psychological injuries arising out of a bullying and harassment in the workplace.

Facts

The Plaintiff was employed in the Defendant's hospital in Tralee. She alleged that she sustained an injury to her back while she was lifting bundles of hospital records.  She further alleged that, following that accident, she was subjected to bullying, harassment, abuse, intimidation and discrimination in the course of her employment.

Judgment

Cross J accepted that the Plaintiff had not been provided with any manual handling training.  He also accepted that, had the Plaintiff been properly trained, her injury would probably not have been sustained. He found the Defendant negligent and in breach of its statutory duty to the Plaintiff and awarded the Plaintiff a sum of €30,000 in respect of her back injury.

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