Consent a factor in employer liability for an employee's psychiatric illness
Thu Sep 13 2007
Law Society Journal (NSW) --- Page: 43-45 : September 2007 Original article by Joe Catanazariti
LexisNexis Summary
The New South Wales Supreme Court recently issued its decision in the case of "Dr Angus MacKinnon v Bluescope Steel Limited". MacKinnnon was employed as a occupational physician by BHP at Port Kembla, commencing on 26 June 1995. In the following year, he took part in a week-long leadership course in Victoria. MacKinnon claimed he had suffered major emotional stresses prior, after, and during the course, and this had resulted in him receiving "severe psychiatric injuries". In concluding that BHP had not been in breach of its duty of care to MacKinnon, the Court noted he had not been compelled to take part in the course.
