Ackers v Cairns Regional Council

The case of Ackers v Cairns Regional Council involved the plaintiff, employed as a payroll supervisor, who suffered a psychiatric injury due to excessive workload and the Council’s handling of his performance. The Court had to determine whether the Council breached its duty of care, and if so, whether this breach caused the plaintiff’s injury. The plaintiff argued that the Council failed to address the inadequate staffing, his excessive workload, and his deteriorating mental health, all of which contributed to his psychiatric injury. The Council contended that it had no duty to protect the plaintiff from self-inflicted harm and that the plaintiff's injury was not reasonably foreseeable.

The Court examined the foreseeability of the plaintiff's injury, noting that the Council was aware of the plaintiff's psychological distress and the excessive workload. It held that the Council had a duty of care to take reasonable steps to avoid exposing the plaintiff to a foreseeable risk of psychiatric injury. The Court found that the Council breached this duty by failing to address the staffing issues and by imposing a Performance Improvement Action Plan that exacerbated the plaintiff’s stress. The Court further determined that the Council’s actions directly contributed to the plaintiff’s psychiatric injury.

Regarding damages, the Court awarded general damages for the plaintiff's pain and suffering, economic loss for lost earnings, and special damages for out-of-pocket expenses. The Court considered the plaintiff’s pre-existing mental health condition, the severity of the psychiatric injury, and the likelihood of future improvement. The total award was $1,099,132.69, reflecting the substantial impact of the Council's negligence on the plaintiff’s life. The Court scheduled a further hearing to address the issue of costs.