Aardvark Security Services Pty Ltd v Ruszkowski

Aardvark Security Services Pty Ltd (the appellant) appealed to the New South Wales Court of Appeal against a decision of the District Court of New South Wales. The dispute concerned the appellant's liability for injuries sustained by the respondent, Mr. Ruszkowski, who was employed by the appellant as a security guard. Mr. Ruszkowski alleged that he suffered a psychiatric injury as a result of his employment, specifically due to the cumulative effect of his duties and the alleged failure of the appellant to provide a safe working environment.

The primary legal issues before the Court of Appeal were whether the appellant owed a duty of care to the respondent to prevent psychiatric injury arising from his employment, and if so, whether that duty had been breached. The court was required to consider the foreseeability of psychiatric injury in the context of the respondent's employment and the steps, if any, that the appellant should have taken to mitigate such risks.

The Court of Appeal affirmed the principles governing an employer's duty of care concerning psychiatric injury. It held that an employer owes a duty to take reasonable steps to avoid psychiatric injury to an employee where it is reasonably foreseeable that the employee might suffer such an injury. This foreseeability is assessed by considering the nature of the work, the employee's characteristics, and any signs of distress or vulnerability that the employer may have become aware of. The court found that the appellant had failed to take reasonable precautions, such as providing adequate support or adjusting the respondent's duties, once it became aware of the cumulative stress and its potential impact on the respondent's mental health. The appeal was dismissed.