Airservices Aust v Ferrier

Airservices Australia (Airservices) and Mr Ferrier were the parties in this matter before the High Court of Australia. Mr Ferrier, an air traffic controller, had been dismissed by Airservices following an incident where he had been found to be suffering from a mental disorder that rendered him unfit to perform his duties. Mr Ferrier sought damages for wrongful dismissal, alleging that Airservices had breached its duty of care to him by failing to identify and address his deteriorating mental health prior to the incident.

The High Court was required to determine whether Airservices owed Mr Ferrier a duty of care to monitor and manage his mental health in the context of his employment as an air traffic controller. Specifically, the Court considered whether this duty extended to taking steps to prevent him from performing his duties if his mental health was compromised, and whether a breach of such a duty could give rise to a claim for damages for wrongful dismissal.

The Court held that an employer owes a duty of care to its employees to take reasonable steps to prevent them from suffering harm in the course of their employment. This duty includes taking reasonable steps to ensure that an employee is fit to perform their duties, particularly in positions of significant responsibility such as air traffic control. The Court found that Airservices had breached this duty of care by failing to adequately monitor Mr Ferrier's mental health and by allowing him to continue performing his duties when there were indications of his deteriorating condition. This breach was found to be causative of Mr Ferrier's dismissal.

The High Court allowed Mr Ferrier's appeal, finding that Airservices was liable for damages for breach of its duty of care. The matter was remitted to the Federal Court for the assessment of damages.