Cheney and Telstra Corporation Limited (Compensation)

Cheney and Telstra Corporation Limited (Compensation) [2024] AATA 3614 (11 October 2024)
Division:GENERAL DIVISION
File Number(s): 2021/4168
Re:Karen Cheney
APPLICANT

AndTelstra Corporation Limited
RESPONDENT

DECISION
Tribunal:Mr S. Webb, Member
Date:11 October 2024
Place:Sydney

The decision under review is affirmed.
.................................[sgd].......................................
Catchwords
WORKERS COMPENSATION – psychiatric ‘ailment’ – compensation claim – liability to pay compensation – ‘disease’ – work stress – perceptions of bullying and harassment – psychotic ailment – perseveration – cognitive effects of ailment – persecutory delusions – adverse perceptions – contribution of actual incidents – work stress – employment contribution to ailment – ‘significant degree’ threshold not met – no ‘injury’ – decision affirmed
Legislation
Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 5A, 5B, 7, 14
Cases
Comcare v Reardon [2015] FCA 1166
De Tarle v Comcare [2022] FCA 175
Dean v Australian Postal Corporation [2010] FCA 680
Kirkpatrick v Commonwealth of Australia [1985] FCA 440
Military Rehabilitation and Compensation Commission v May [2016] HCA 19
Comcare vMooi[1996] FCA 1587
Weigand v Comcare [2002] FCA 1464
Wuth v Comcare [2022] FCAFC 42
REASONS FOR DECISION
Mr S. Webb, Member
11 October 2024

Karen (Kassie) Cheney was employed by Telstra Corporation Limited (Telstra). She became mentally unwell. Her employment was terminated. She lodged a claim for compensation, alleging she experienced work stress, bullying and sexual harassment in her employment which contributed to her mental illness. Telstra decided, by primary determination and on reconsideration, Ms Cheney is not entitled to compensation and refused her claim. Ms Cheney lodged an application for review of this decision by the Tribunal.
It is appropriate to observe at the outset this case raises issues of mental illness and causation which are medically and legally perplexing and, in practical and human terms, sad and difficult.
Facts
Ms Cheney is 39 years old.
She has given extensive and detailed written statements setting out events she considers relevant in these proceedings.[1] As a teenager, she experienced family stresses. Her parents separated for a time in 1997. She attempted self-harm after a “fight with my then boyfriend” and stated she was “sexually assaulted by a male friend”. [2] She played sports and completed the Higher School Certificate in or about 2003.
[1] Exhibit 3, pages 16-81; T41, T42 and T43
[2] Exhibit 3, page 17.
Ms Cheney commenced employment with Telstra in or about June 2004. At that time, she was employed as a Retail Sales Officer in a Telstra shop. In 2007, Ms Cheney progressed to employment as a Business Administrator/Personal Assistant in Telstra’s Enterprise and Government business in Sydney.[3] In October 2009, she was employed in the Delivery Works Program area as an analyst “at head office” administering Telstra’s resource management system. In 2011, Ms Cheney worked in accounting and financial reporting, and she “sometimes filled the role of acting manager”.[4] In the period from March 2007 to November 2011, she received awards for her work.[5]
[3] Exhibit 4, pages 2830-2831.
[4] Exhibit 3, page 17; Exhibit 4, page 2830 refers.
[5] Exhibit 3, pages 82-86.
In July 2012, Ms Cheney was employed in Telstra’s Network Applications and Services Division as an information analyst in Professional Services and Business Operations Commercial, Audit and Compliance team.[6] She continued in this employment until March 2013.
[6] Exhibit 4, page 2829.
In 2012, Ms Cheney broke up with her (then) partner. On 14 July 2012, she consulted Dr Sowmyn Sreeharan, a general practitioner at the Kildara Medical Centre, who noted:
under a lot of stress by her own admission
separation from partner of 12 years-sounds messy
having councilling
here to discuss abnormal physical sx-wonders if stress related but wants them checked
1) Bowel change,fluctuates from constipation to diarrhoea
No weight loss abdo pain etc
…
2) 3/12 heat feeling on top of head..now pressure feeling off and on in forehead and face
…
Imp-nil sinister neurology
Sounds like attypical tension type headaches
…
Nb explained she looks physically well with no abnormal signs. Explained atypical headaches and bowel sx
Can be manifestation of stress…[7]
[7] Exhibit 4, page 1701.
In March 2013, Ms Cheney was employed as an information analyst in the Delivery, Support and Enablement team which was managed by Paul Ventura. At the time, the team was comprised of Ketan Parmar, Chris Stevenson, Mike Nolis and a woman who “left the team after a few weeks”.[8]
[8] Exhibit 3, page 19.
Mr Ventura described Ms Cheney as a relatively young, inexperienced and junior member of the team he perceived as a highly strung or “troubled individual”, who was treated with “great care” and “kid gloves”.[9] Nevertheless, on Mr Ventura’s evidence, the team worked in a high-pressure environment, running up to 1,000 projects at a time with up to 300 project managers and demanding clients. In this context, Ms Cheney’s role involved data analysis in respect of project performance and financials. Mr Ventura explained that Ms Cheney was required to work long hours from time to time in order to meet particular deadlines or requirements. Furthermore, the nature of some projects required changes to be made on client premises, out of hours so as not to affect ongoing operations.
[9] Ibid, pages 89 and 90.
Mr Ventura left his role managing the Delivery, Support and Enablement team. It is probable this occurred within months of Ms Cheney joining the team, whereupon Mr Nolis managed the team. Mr Nolis was not called to give evidence in these proceedings.
On 24 May 2013, Ms Cheney attempted to schedule a regular meeting with Mr Nolis and stated:
A couple of things I would like initially address are:
1.    New Job Role and Description (which should ultimately be represented in the Capability database)
2.    New PRDP for new role
3.    …
4.    Annual leave[10]
[10] ST164.
On this material, it is probable Mr Nolis was undertaking the role of Ms Cheney’s direct manager at this time.
Ms Cheney reiterated her request to meet with Mr Nolis on 29 and 30 May 2013.[11] It is not clear if Mr Nolis responded to these requests.
[11] ST162 and ST163.
On 1 July 2013, Ms Cheney consulted Dr Kwok Wan at the Kildara Medical Centre, who certified she was unfit for work on that day and noted:
1 year ago went through a stressful time
Started to one sided facial/head pains, can be either right or left side
Associated with numbness in the right arm
Gets these symptoms mainly during the day, better at night
Under a bit of work stress at the moment
No vomiting/nausea/visual/auditory
…
Imp ?tension headache ?migraine[12]
[12] Ibid, pages 1701 and 1703.
On 16 July 2013, Mr Nolis asked Ms Cheney to join a group telephone call on 17 July 2013. In reply, Ms Cheney asked “Do we need to prep for this meeting?”.[13] It is not clear if Mr Nolis responded.
[13] ST166, page 415.
On 1 August 2013, Ms Cheney sought a meeting with Mr Nolis “to have a chat about my role”.[14] It is not clear if Mr Nolis responded or if the meeting occurred.
[14] ST165.
On 6 August 2013, Ms Cheney declined registration for two Apptio training modules, ‘Getting Started with Service Costing’ and ‘Apptio Studio (Sydney)’, as she was absent “on sick leave, returning on Monday 12 August 2013”.[15]
[15] ST170 and ST171.
On 9 August 2013, Ms Cheney sent an email to Mr Nolis, stating:
I went to the Dr yesterday and I have requested a certificate to cover me being off work until 23/08, hopefully returning to work on Monday 26^th August, at this stage. I have done this as I am not sure what is wrong with me and I would like to avoid stress and pressure until I am aware of a diagnosis and an appropriate treatment plan and return to work.
…
When we spoke earlier in the week, you said you would look at a plan for my role and a training plan and mentioned that I could attend Apptio training on the 17^th September. To help you with this, at this particular stage, I think that I need a role/position which is:
1.    Clearly documented plan with achievable KPI’s, in line with company priorities/ vision/ advocacy/ planning, with regular meetings to review specific KPI’s planned to be achieved within certain timeframes by having pre-planned regular meetings to review outcomes of set KPI’s, and also forward looking to future KPI’s and whether there are risks to meeting those KPI’s and how risks could be mitigated where possible
2.    Not put under large amounts of stress or pressure when undertaking new/ unfamiliar tasks with hard to meet deadlines
3.    Working within an uncertain and perceived unloyal environment
4.    I need some level of consistency in the type of work being asked, however where new tasks are needing to be completed I am willing to do so, I just require adequate training and support to be provided and not rushed by deadlines as well as trying to learn at the same time
5.    I need closer mentoring and guidance and some formal training where I have a skills gap in activities being asked of me to complete e.g. a training plan which links to job role and job tasks and outcomes
6.    I like to work collaboratively and autonomously as needed, depending on the type of task being requested to be completed
7.    I am open to learning new things and then completing these as ongoing tasks
8.    I am very open to honesty feedback, whether it is perceived as good or bad – it just means that if it is bad that these are areas which I need to work on, learn more about or plan for
Right now I feel exhausted, drained, tired, sad, uncertain and I am experiencing physical symptoms, so I think the best thing for me right now is to really rest, sleep, not think about work and receive a diagnosis and treatment plan from healthcare professionals, and then let you know what the diagnosis and treatment plan is and what the next steps could be by working with you to determine the best way for me to transition back into work as a realistic timeframe.
…[16]
[16] ST169, pages 420-421.
Mr Nolis expressed concern about point 3 in Ms Cheney’s email which he wanted to discuss. Ms Cheney informed Mr Nolis he should call using her personal telephone number as:
Work phone has no charge as I left my charger at work as was not expecting to take time off. And I was afraid to ask you for a new sim card to fit your old phone which you gave me, because I don’t want to cost Telstra extra money given I am a support person, not a customer facing person. Whether that is the right way of thinking or not, that’s how I feel… honestly.[17]
[17] Ibid, page 420.
Ms Cheney sent Mr Nolis a further email on 9 August 2013, querying a course enrolment and stating, “I am feeling very stressed right now”.[18]
[18] ST168, page 418.
On 12 August 2013, Ms Cheney sent an email to a colleague, declining coffee, in which she stated:
… Is there anyone in HR or a HSW rep you would recommend to me to speak to, in your opinion? If I believe that I am being treated not quite right at work, maybe? This is not something which I EVER thought I would ever need to even consider, but the physical symptoms I have been having since I had what seemed like a heart attack at work on my right side one afternoon, have not fully subsided and are exacerbated by stress and pressure and are not going away… I want to come back to work, but I’m actually a little afraid to do so though.
Please do not repeat this to anyone, please keep this between us. I haven’t raised this with anyone at work, only with my family right now. I don’t want to cause anyone trouble, I just want to see what a third party thinks of the situation, get some help to understand my options and work towards having the situation resolved, so I can return to work.[19]
[19] ST175.
On 16 August 2013, Ms Cheney sent an email to Mr Nolis in which she stated:
Hey Mike,
Just setting up some time for tomorrow, however I don’t really have much of an update… But happy to give you a call anyway. Hope all is okay in the office.
Updates:
1. Specialist suggested symptoms may be caused by stress, muscle tension or posture and perhaps try swimming, yoga or pilates, but to go back to the GP
…
6. Have requested an appointment via EAP
…[20]
[20] ST176
On 1 September 2013, Ms Cheney presented at the Emergency Department of the Blacktown Hospital. The hospital notes include the following entries:
Triage Presenting Information: BIBA L sided chest pain, and anxiety, hyperventilating
… Hx: suicidal ideation thoughts yesterday. Nil self harm attempts.
recent stressors with social life.
O/e: warm and well perfused. pacing around ambulance bay.
C/o: left sided chest pain, with L arm tingling. Nil SOB
Appears agitated.
Denies drug or alcohol use today.
…HPI:
Patient stress at work in the past six months, patient states her stress is the cause of her physical symptoms.
Had Lt sided chest pain and before Rt sided chest pain
Brok up with boyfriend today
Divorced last year.[21]
[21] Exhibit 4, pages 342-343.
…
Presenting Problem: Reported she came to ED because she had a ‘tingling’ effect on left side of her body and since today (Evening) its feels to her that going towards right side.
…
[Ms Cheney] reported that she is quite stressed and mainly due to her work place. She said her work is mainly going to out source such as “India” and her position is in a threatening situation. Moreover she had difficulties with her Boss who she thinks lies most of the time and not keeping transparencies. She also reported some conflict with work colleagues and said basically she feels stressed as she has to earn something but she does not feel comfortable there. Mother said that on top of this they are also doing renovation to the house.
[Ms Cheney] argues to every thing and believes there is nothing such as Anxiety and Depression.
She said she was quite stressed and said she does have heart palpitation, racing thoughts and sweaty palms at time but does not believe that she would have anxiety.
…
[Ms Cheney] did said that she had difficulty sleeping and Father said last week she did not sleep for two days.
She also reported relationship difficulties with her Partner in last few years and legally they were separated last December.
…
She said she used to enjoy working in Telstra. Here it is much stressful and she is proactive but has to face lots of bullying.
She does not feel her work environment is healthy and said that she feels at time that her colleagues are plotting against her (then laugh with her father).
Reported ongoing conflict with her Manager who tried to manipulate the work situation.[22]
[22] Ibid, pages 337-338.
Ms Cheney was discharged.
On 5 September 2013, Ms Cheney attended the Blacktown Hospital Bungarribee House Mental Health unit with her parents. The hospital Mental Health Assessment notes include:
…
Going through multiple psychosocial str
-    Broke up with boyfriend March 2013. The problem has started from there
Not sleeping well …
…
Doctor prescribed Temazepam which worked for her, but she did not take it
…
Current stressors “Job related stress”, “Boss is horrible” “Broke up with boyfriend” “Not sleeping well”[23]
[23] Ibid, page 705.
…
Few months ~~years~~ (??) ago doctor prescribed Aropax but did not take[24]
[24] Ibid, page 707.
…
MENTAL STATE EXAMINATION
…
Affect  Anxious
Mood  … “I am disappointed”
…
Thought form              Logical
Preoccupied w work related stressors
Thought content         …
Stated he does not trust her boss
Perception                  Denied AH/VH
…
PROVISIONAL DIAGNOSIS
Distress 2° to multiple psychosocial stressors
…[25]
[25] Ibid, pages 709-710
A Mental Health Risk Assessment was undertaken in which current risk factors and comments were set out, including:
Disorientation or disorganisation
Significant physical pain
COMMENTS In arm tingling pin and needs? Due to anxiety
Recent significant life events
Hopelessness/despair
Expressing high levels of distress
COMMENTS Major relationship breakup March, recent breakup of relationship, work stress
Recent/current violence
Paranoid ideation about others
Anger, frustration or agitation
Reduced ability to control behaviour
COMMENTS Past abusive relationship, paranoid re life situation/work
Current delusional beliefs
Physical illness
Self neglect, poor self care etc
COMMENTS bought lottery ticket over internet ? scam with ticket depts, parania re others
…[26]
[26] Ibid, pages 703-704
On 10 September 2013, Ms Cheney consulted Dr Usha Bansal and the Pacific Medical and Dental Centre (Pacific MC), who noted:
Feb 2012-pressure/numbness R head
Last 6/12-has progressed under breast
In 6/12-R arm seized up-became x30sec-1 min-at work
Since then strange sensations-since 1/09-feels like electric shock-painful[27]
[27] Ibid, pages 1642-1643.
On 24 October 2013, Mr Nolis responded to a question from Leah Catanese, a Telstra HR Advisor, in respect of Ms Cheney returning to work in which he stated:
[Ms Cheney] returned to work last week but in my opinion I don’t believe she is fit for work…. Her behaviour and reactions are erratic and causing some distress and anxiety to other team members….
At Mr Nolis’ request, Mr Stevenson provided further information, including:
…
In a meeting, which [Ms Cheney] initiated, at 4.30 yesterday she revealed to me:
-    She has been to 4 Drs. She has been diagnosed by at least two of these Drs to have a mental illness, Depression or Schizophrenia.
-    She has been prescribed Aropax, which is an SSRI, but she is not taking is because she is afraid of the side effects
-    She claimed on several occasions her computer was being watched.
-    She kept asking me if she was being normal.
-    She kept asking me if she was going to be sacked or outsourced despite my assertions to the contrary.
-    She was incapable of following a line of reason or having a work discussion.
…[28]
[28] ST177, pages 430-431.
On 25 October 2013, Ms Cheney was admitted to Nepean Hospital experiencing a psychotic episode.[29] The clinical notes of this admission include:
[29] Ibid, pages 1987, 1990 and 1999.
-    Has been seen by Blacktown mental health recently
-    Onr her GP sod her schizophrenia and referred her to a psychologist
-    Has been prescribed antidepress but pt is not taking it – worried about S/E
…
BIBA – psychologist Rita called ambulance.
…
-    Today she phoned psychologist that she is scared and is hiding in the corner, someone will kill her.
pt presented, very anxious, vague, perplex thoughts, tangential, delusional thoughts. Not suicidal.
-    Work stressors trigger this episode 6 months ago with gradual ↑ in delusional thoughts.
-    Unable to work last 2 months.[30]
[30] Ibid, page 1999.
Following her discharge from the Nepean Hospital on 31 October 2013, Ms Cheney was referred to Dr Jaspreet Singh, a psychiatrist, for treatment.
Ms Cheney returned to work and stated that “things settled down a bit”, although she was “less able to cope with the ordinary stresses of my work than I was before”.[31]
[31] Exhibit 3, page 22.
In or about February 2014, Ms Cheney transferred into the Finance and Strategy team in Telstra’s Sydney Project Management office.[32]
[32] Exhibit 4, page 2829.
On 15 March 2014, Ms Cheney attended the Emergency Department of Blacktown Hospital complaining of breast pain and suicidal thoughts. The Hospital Assessment Documents from interviews with a psychiatric registrar, Dr Adalia, include the following relevant information:
From the patchy history from patient and collateral information from parents, it appears that patient has been stressed for the past couple of months due to relationship and work issues. Her boyfriend (who she has been living with) and her separated recently…
She disclosed some problems as work, believes that her work mates are judging her. She said that she is unable to concentrate at work.[33]
[33] Ibid, page 324.
…
-    She also had guilt of not able to manage her team well
-    She is running a small team and working for Telstra but couple of years ago she had ‘some feelings’ towards a staff member and was sending message which happened to disclose to staff
-    She is blaming her self for the staff member who left after that incident
-    Very vague in answering questions and ?Poor historian, ?Manipulation in giving answers[34]
…
… Reported that she was working as a Marketing person for Telstra then as a business analyst and now she is in a company for data analysist.
She is managing a small group. Reported a few years back she had feelings toward a co worker and somehow all staff get to knew this. She was bullied and had to face reactions from her colleagues. She also said that she is feeling guilty about a staff member left their team because “I was not concentrating on work”…
She said she used to enjoy working in Telstra. Here it is much more stressful and she is proactive but has to face lots of bullying.
She does not feel that her work environment is healthy and said that she feels at time her colleagues are plotting against her (then laugh with father).
Reported ongoing conflict with her Manager who tried to manipulate the work situation.[35]
[34] Ibid, page 326.
[35] Ibid, page 328.

On 25 March 2014, Dr Singh examined Ms Cheney and certified she was unfit for work.[36] The doctor subsequently diagnosed schizoaffective disorder.[37]
[36] Ibid, page 1431.
[37] Ibid, page 1432.
On 1 April 2014, Dr Singh noted:
Has been taking only 2.5 mg olanzapine nocte
Avoiding eye contact and talks about going back to work as soon as she can
Mentions that everyone at work was watching her and making comments to make her anxious
Still lwants to go back due to financial and social reasons[38]
[38] Ibid, page 1406.
On 10 April 2014, Ms Cheney consulted Pierre-Louis Lamarque (a psychologist) who noted:
[Ms Cheney] feels that everybody is watching her and waiting for her to do something wrong.[39]
[39] Ibid, page 1637
On 16 April 2014, Dr Singh noted:
Much better today
Has gone back to work last week
Doing ok so far, supportive colleagues and boss at work
…
Compliant with Luvox 150 mg a day, taking 1 ½ twice a day
Also takes 5 mg Olanzapine nocte[40]
[40] Ibid.
On 21 May 2014, Dr Singh noted:
Has been taking Luvox 150 mg and stopped taking Olanzapine
… works full time now
Studying diploma of accounting/management online
…
No psychotic symptoms evident
Still remembers those symptoms
However, not experiencing them
Feels support at work has helped a lot with that[41]
[41] Ibid, page 1407.
On 18 June 2014, Dr Singh noted:
Has been taking Luvox regularly
Has been regular at work, going ok with other colleagues[42]
[42] Ibid.
On 5 August 2014, Dr Singh noted:
Olanzapine 5mg tablet ceased.
…
Has been feeling a bit low again over the last 2 weeks
Feels that colleagues at work are again behaving oddly and all the thoughts from the past have resurfaced again
Can not point to any specific instances but overall feels paranoid and confused
Has been to work regularly and discussed with her boss but not reassured still
No other stressors are evident at this stage
…
Preoccupied with events of the past
… worried about being on regular medication[43]
[43] Ibid, pages 1407-1408.
On 24 August 2014, Ms Cheney attended the Pacific MC and consulted Dr Jalal Qamar, who noted Ms Cheney was seeking a fertility test and she “has depression and anxiety”.[44]
[44] Ibid, page 1636.
On 23 September 2014, Dr Singh reported to Dr Bansal:
There has been some exacerbation in her symptoms over the last few months and she started questioning the diagnosis and the need for treatment again… Fortunately she has maintained a remission from symptoms and has been able to continue work on a regular basis.
…
[Ms Cheney] also started c/o somatic symptoms similar to last year…[45]
[45] Ibid, page 1432.
Ms Cheney consulted Dr Singh on 21 October 2014 and 2 December 2014.[46]
[46] Ibid, page 1408.
On 14 March 2015, Ms Cheney attended the Pacific MC. Dr Sayed Hussaini noted that she presented with a history of “ongoing mental stress for past few years” and she was “down and low” at the time.[47]
[47] Ibid, page 1635.
On 24 April 2015, an incident is noted (in a subsequent return to work plan), namely:
[Ms Cheney] would like it noted that she believes her most recent period of absence (and a period of absence in February 2015) is related to unreported bullying incidents from 2013.[48]
[48] T7, page 24.
On 2 May 2015, 12 May 2015 and 26 May 2015, Ms Cheney consulted Dr Singh. On the latter occasion the doctor noted:
[Ms Cheney] is currently taking 100 mg nocte and Luvox 50 mg bd
Has not been working since April 2015
…
Has felt better in terms of mood and says she has not felt paranoid as when she was at work, wher she felt targeted by other people
Starting in 2013, feels it was a group or 4 people in Telstra, 1-2 are still working alongside her, not in the same team but in the same building
The other 2, she is not sure what they do or where they are
She says she was being bullied by them verbally, giving her too little work or too much work and little guidance for the work. Making her involve other people do extra jobs
When she was sent to the new team (delivery support and enablement) was not given a job description
Prior: Commercial audit/compliance team
Since Feb 2014: Global operations
Moved as she was afraid she would be made redundant
Terminated interview then as she was upset[49]
[49] Exhibit 4, page 1409.
On 3 June 2015, Ms Cheney consulted Dr Singh, who noted:
Has been worried about things in the past and bullying in the workplace
Has been preoccupied with alleged incidents of abuse as a child
Spoke about breaking up with her boyfriend and that she was suicidal at the time
…
Sleep and appetite are erratic. Mood is reported as low and disappointed about what happened at work
Very keen about getting back to work
Has been compliant with her usual medication
…
Residual psychotic symptoms persist[50]
[50] Ibid, page 1409.
On 4 June 2015, Dr Singh prepared a report for Telstra in respect of Ms Cheney’s fitness for work.[51] The doctor stated:
[51] T5.
In my opinion, when [Ms Cheney] returns to work after the resolution of her acute symptoms, there would need to be some limitations and modifications needed at her workplace…
These should include a limited interaction with some colleagues who do seem to be part of her delusional thinking and physical placement in a manner that minimises such interaction.
…
I do not feel [Ms Cheney] should return to the work place before resolution of her acute symptoms in any capacity at all as the work place and some of her colleagues rather than the nature of the work itself could be a trigger for some of her symptoms.
…
[Ms Cheney’s] diagnosis is consistent with Schizoaffective Disorder- Current episode depressive with psychotic symptoms. The symptoms that are consistent with the same are:
-    Low mood, inability to enjoy pleasurable activities, irritability, anhedonia, erratic sleep and appetite
-    Inability to concentrate and preoccupation with past events related to possible abuse as a child
-    Feeling of isolation and perceived lack of support
-    Negative ideas of self, future and those around her
-    Long standing suscpicions about motives of those around her especially her colleagues and supervisor at Telstra
-    Suspicions that there is a group of people in Telstra trying to hatch a conspiracy against her to get her to donate her organs
-    Misidentification phenomena: [Ms Cheney] reports that she mistook one of her colleagues to be a father of another colleague in Melbourne
…
[Ms Cheney] has had symptoms of this condition at least since late 2013. She started seeing me in Early 2014 and thereafter disengaged after a few months. I believe her symptoms make ot difficult for her to develop trust in other people including her family as well as care provides, doctors, etc. Her mood improves but she retains underlying paranoid ideas which seems to get worse under stress or when she becomes depressed.
…
There is a risk of harm to her reputation through making allegations based on faulty assumptions due to underlying psychotic symptoms.
… she has paranoid delusions against 1-2 people and also generalised feeling of being targeted…
…
There is a risk, however, of her making others a subject of complaints or allegations which may have psychological impact upon them. This comes out of a deep seated belief that she has been targeted by a group of people in Telstra. She believes she has been bullied by personnel at Telstra over the last few years.
…
[Ms Cheney’s] condition is likely to be episodic with periodic exacerbations interspersed with periods of remission. When in remission, she may have residual symptoms of her illness but I believe be able to continue to work regularly.
…
[Ms Cheney’s] condition involves mistrust and suspicions of motives of other around her. I have noticed in your letter that she believes she is being made to see other doctors as part of a conspiracy. I believe that it has been and will remain relatively difficult to keep [Ms Cheney] in regular treatment and follow up due to the nature of her symptoms. It is unfortunately evident in her disengaging with treatment last year with myself. This is turn has led to a relapse of her symptoms.[52]
[52] Ibid, pages 13, 14, 15, 16 and 19.
On 16 June 2015 Ms Cheney attended the Pacific MC and consulted Dr Jalal Qamar following a chest x-ray. The doctor noted “[Ms Cheney] also has somatization symptoms” and that she “says seen Psychiatrist”.[53]
[53] Ibid, page 1633.
On 1 July 2015, Dr Singh noted:
Appears to be in early remission of her symptoms
Has been compliant with her medications and feels her mood is stable
…
Remains preoccupied with her previous alleged bullying incidents…
[54] Ibid, page 1410.
No psychotic symptoms[54]
On 4 July 2015, Ms Cheney consulted Dr Syed Hussaini at the Pacific MC. The doctor noted:
came for review
anxiety
[55] Ibid, page 1633.
but managing OK[55]
On 11 July 2015, Dr Singh noted:
Mood reported as stable and observed to be euthymic but still a bit worried about pat paranoid ideas
No thought disorder or cognitive symptoms
…
No psychotic symptoms
…
Said that Telstra will be engaging and injury mgt specialists and train the immediate managers
They feel that she is back to her premorbid self
Discussed issues in terms of psychoeducation and responding to her symptoms
Suggested they do not reinforce her symptoms or obsessive ideas by attempting to provide evidence for same
[56] Ibid, page 1411.
…[56]
On 18 July 2015, Ms Cheney consulted Dr Giridhar Parla at the Pacific MC. The doctor noted Ms Cheney “attended for the results of the [STD test requested without symptoms on 10 July 2015] which are normal” and that she was “Systemically well”.[57]
[57] Ibid, page 1632.
On 18 July 2015, Dr Singh noted:
…
Discussed recent incidents at work
[Ms Cheney] appeared very upset about having had a low hormone levels
Also spekaing about havign asbestos in one of her houses
Detailed the incidents at work on Thursday and Friday
Felt people were not genuine in theri comments
Spoke about “do you need more radiation with that”
“does you wife every cry”
Appeared irritable, teary loud and swearing at times
Preoccupied with the alleged abuses and bullying that
occurred back in 2013 though says this is not happening at the moment
not able to discuss in detail about her current mental state but it is possible
she has worsening of underlying depressive symptoms and paranoid ideas
after returning to work last week
…[58]
[58] Ibid, page 1411.
On 19 July 2015 and 24 July 2015, Ms Cheney consulted Dr Singh. On the latter occasion Dr Singh changed Ms Cheney’s prescribed medication.[59]
[59] Ibid, page 1412.
On 25 July 2015, Ms Cheney was conveyed to Blacktown Hospital where she was examined and found to be “Euthymic” and in an “Elevated manic state”.[60] The Hospital notes include:
[60] Ibid, page 317.
…
[Ms Cheney] states that she had refused to take her tablet
…
[Ms Cheney] denies any risk to herself and says she does not understand why she was brought to hospital
…
[Ms Cheney] informed us that she is on a Return to work Plan from her communications company work where she is employed in a “desk work”
Has had problems in the past with bullying at work but was vague with details
…
Has had problems with boyfriend … and according to her they only communicate via FB
She has been living with parents for the past week because she believes her house has asbestos deposits
Pt thinks her own house is inhabitable and unsafe
[Ms Cheney] denies financial stress and wants to return to work ‘3 days a week’
… she feels that no one supports her
Appears unkempt and uses inappropriate language with sexual connotations[61]
…
She has multiple psychosocial stressors i.e. relationship stressors (wants to get married and have children but her partner is not ready), her home has got asbestos and work stress.
…
On review, she was manic- talking fast, flight of ideas, elevated and sexually disinhibited…
…
She is staying with her parents for last 4 days as she had a fight with her boyfriend.
Parents noticed that she was sad initially but then started becoming unhappy. She was saying things which were not rational. She was expressing persecutory delusions…[62]
[61] Ibid, page 316.
[62] Ibid, page 323
Ms Cheney was admitted to the Bungaribee House Mental Health Unit.
On 27 August 2015, Ms Cheney was discharged. She consulted Jill Abeshouse, a psychologist. Ms Abeshouse noted:
Issues around management at work.[63]
[63] Ibid, page 1738.
On 28 August 2015, Dr Singh reported:
…
[Ms Cheney] was discharged yesterday without any notification or discussion with me and is currently a voluntary patient.
Her main reason to visit me today was to get clearance to get back to work as Telstra HR have been communicating with me about the same.
On review today, I found [Ms Cheney] to be easily irritated, questioning the reasons for her admission and treatment and though agreeable to take medication for some time, had no insight into her symptoms, illness or need for treatment.
…
[64] Ibid, page 1436.
In my opinion, she would be at risk of decompensating if she were to get back to work at the moment, as she still has residual symptoms of mania and psychosis in addition to a complete lack of insight. However, she does not agree with me.[64]
On 4 September 2015, Ms Cheney consulted Ms Abeshouse, who noted:
Concerns re the way she was treated at work.[65]
[65] Ibid, page 1739.
On 8 September 2015, Ms Cheney consulted Dr Singh, who noted:
[Ms Cheney] … started by saying that
she wanted to go back to work
Has not been taking the prescribed dose of Epilim at this stage
only 400 mg and said she is “fine” with same
Appeared reluctant to increase it to the prescribed dosage
[66] Ibid, page 1413.
Not willing to discuss alternatives except Telstra or delaying return to work by taking LSL, etc[66]
On 10 September 2015, Ms Cheney consulted Ms Abeshouse, who noted:
Allegations of bullying by work.[67]
[67] Ibid, page 1740.
On 19 September 2015, Ms Cheney consulted Dr Matthew Davies, a psychiatrist, with her boyfriend and her mother. The doctor noted the following history:
BG EAP 2012 – relationship breakdown
Seeing Dr Singh … Jill Abeshouse → fortnightly
→ 12/12
→ bullied at work 2013
→ off work 2/12. Return to work plan formulated. But at last review Dr Singh suggested [Ms Cheney] not return to work at all (8/9). Moved sections. Bullying issue resolved
Bullying
→ Psychological behaviour “made me paranoid” “antagonised me” Unsure. Why. Moved different team early 2014. Another month off “paranoid, delusions”. Initially treated with Luvox. Problem sleeping, persecutory delusions, delusions of reference.
→ Used LSL + SIL
→Ongoing delusions. Misidentification delusions. Meds ∆ed July 2015 to Seroquel 400mg + Epilim 500mg
…
Currently
Denies persecutory delusions
…
Mood “stable, positive”[68]
[68] Ibid, pages 1481-1482.
Dr Davies recommended a return-to-work plan: 7 hours per day for 3 days per week for 3 months after which Ms Cheney would resume full hours.[69]
[69] Ibid, page 1485.
On 7 October 2015, Dr Singh reported Ms Cheney was fit to return to work, 2 days per week, from 9 October 2015.[70]
[70] Ibid, page 1439.
On 21 October 2015, Ms Cheney consulted Dr Singh, who noted:
She reports maintaining well at the moment
…
[71] Ibid, page 1414.
Has not made up her mind about the incident in 2013 as yet but aware of the procedures that she has been told about by the Telstra team[71]
In a further consultation on 4 November 2015, Dr Singh noted Ms Cheney “seems to be doing rather well”, “Has been to work 3 days a week and progressing well”.[72]
[72] Ibid.
At 7.30am on 21 January 2016, Ms Cheney attended the Pacific MC and consulted Dr Syed Hussaini. The doctor noted:
anxiety and depression
metallic taste
tightness in chest
numbness
tingling
had silver filling in tooth along mercury…thinkd its all because of mercury[73]
[73] Ibid, page 1629.
At 9.32am on 21 January 2016, Ms Cheney consulted Dr Michael Burke at the Kildara Medical Centre. The doctor noted:
Over the last five years having lots of weird feelings
- Thinks may be due to fillings in mouth – silver and mercury
[74] Ibid, page 1701.
- Will see dentist today[74]
At 11.59am on 21 January 2016, Ms Cheney consulted Dr Bansal at the Pacific MC who noted:
Saw the dentist this am
Wonders if her symptoms sec to mercury from amalgam[75]
The doctor provided referrals to Dr Parvathi Menon, a neurologist, Dr Duggins, another neurologist, and Ms Abeshouse.[76]
[75] Ibid, page 1628.
[76] Ibid, pages 1677-1679
Ms Cheney attended the Pacific MC on 4 February 2016 and Dr Giridhar Parla noted “has attended for review as she need a referral to sees a toxicologist”. [77] The doctor provided a referral to Dr Naren Gunga, a toxicologist, and to Dr Faruque Riffat, an ear nose and throat surgeon, in respect of “anosmai”.[78]
[77] Ibid.
[78] Ibid, 1680-1682..
Ms Cheney consulted Dr Singh on 2 February 2016 and 19 February 2016. On the latter occasion, the doctor noted:
[Ms Cheney] reports that she has maintained well
And has been going to work full time
Has reduced the Seroquel to 200 mg nocte
Pedal edema has not settled as yet after reducing
the Epiim .Has seen neurologists (Dr Jay, Dr at Norwest )
has done a contrast MRI which is normal and seen
an ENT specialist as well
Now booked in to see the smell clinic
in June
Plan
Same medications, increase seroquel to 300 mg
continue Epilim 700 mg
Blood tests as requested
On 25 February 2016, Dr Chin noted Ms Cheney was “seeing toxicologist Dr N Ganga in W/mead – needs test”.[79]
[79] Ibid, page 1627.
On 3 March 2016, Dr Parla noted:
Received a phone call from DR Ganga and advised that as per him [Ms Cheney’s] symptoms are not secondary to any kind of poisoning an dhe desnt feel the need to see her
…
[Ms Cheney] wants second opinion and wants to see a Toxicologist[80]
The doctor referred Ms Cheney to Dr Richard Day, a toxicologist, and Dr Mark Liew, a rheumatologist.[81]
[80] Ibid.
[81] Ibid, pages 1683-1684.
On 18 March 2016, Ms Cheney consulted Dr Singh, who noted:
Had a performance review with Charles on the Monday
She raised her concerns in writing for the last 5 years
Felt that the meeting went well and she was reassured by his replies
Also said she has seen a fertility specialist who has suggested she go off the Epilim
…
Says she has generally been compliant with medication and only been taking Seroquel 200 mg nocte. Has been taking Epilim 700 mg per day
…
Denies any symptoms suggestive of psychosis or mania at the moment[82]
The doctor reported to Dr Bansal and observed “There were some concerns mentioned by Jill who has been seeing her more frequently but I did not find any acute symptoms or risks on review”.[83]
[82] Ibid, page 1416.
[83] Ibid, page 1445.
On 4 April 2016, Dr Day reported to Dr Parla:
… [Ms Cheney] … was concerned about mercury poisoning related to an amalgam filling placed in her mouth aged about 17 years…
Some years later, aged about 24 or 25, she noticed a metallic taste in her mouth which was quite persistent and she noticed her sense of smell was not as acute as it had been. She was also suffering from disturbed sleep, waking up a lot, and at that stage there were suggestions that this was related to stress at work.
In early 2013 she developed more significant symptoms of pain in her chest, numbness and tingling in all her limbs, loss of her sense of smell, sensation of electric shocks in her body and diagnoses were made of anxiety, depression and schizoaffective disorder and she was placed on Seroquel and valproate.
Since commencing those medications her symptoms had improved somewhat, particularly her sleep and her anxiety. There had been considerable stress at work where she works as a business analyst. There was bullying and threat of job loss which apparently have resolved.
…
[84] Ibid, page 1704.
… She is very concerned about whether the symptoms that she has experienced were related to the amalgam and the mercury leaching from it. To this end she will have the amalgam removed shortly.[84]
On 11 April 2016, Dr Day reported the results of heavy metal test results to Dr Parla and stated “These values are all extremely low for all heavy metals”.[85]
[85] Ibid, page 1707.
On 15 April 2016 and 17 April 2016, Ms Cheney consulted Dr Singh. In respect of the former, the doctor noted:
[Ms Cheney] came in with her parents
Currently staying with them for a few nights
Parents reported that she has been stressed due to her partner's
mum not being well. [Ms Cheney] appears abrupt, distractible and laughing for no
reason at times. She got up frequently to drink water in between
and wanted to end the appointment early
Has not managed to get her blood test early
Mntioned somehting about her new ID card and her
new license and what the numbers mean for her ovrell
was not able to elaborate on the same eityher
Plan
To stay with parents
Increase Seroquel to 300 mg nocte
Investigations as discussed
Reiew: 2 weeks.
In respect of the latter, Dr Singh reported to Dr Bansal “It will be fair to assume that [Ms Cheney] is in the early stages of a relapse at the moment”.[86]
[86] Ibid, page 1447.

On 6 June 2016, Charles Mohammed, a Telstra Investment Manager, requested advice from Dr Singh in respect of Ms Cheney’s fitness for work. Mr Mohammed set out relevant events and concerns about changes in Ms Cheney’s behaviour. Mr Mohammed set out information about a discussion with Ms Cheney on 8 April 2016 and an email she was sent on that day “about potential changes within the business which may impact her role in the future”.[87] It appears Ms Cheney responded with questions on 12 April 2016. Mr Mohammed set out concerns about Ms Cheney’s behaviour on 28 April 2016, 4 May 2016, 12 May 2016, 17 May 2016, 25 May 2016 and 26 May 2016.[88] Mr Mohammed explained a decision was taken to inform Ms Cheney she would stay in her then present role and the office was relocated in May 2016. He stated he spoke to Ms Cheney on 10 May 2016:
… I told [Ms Cheney] I had overheard her speaking to somebody on the phone [on 4 May 2016]. I mentioned I had heard her saying she had been bullied and that someone had threatened her life. I asked [Ms Cheney] if she was OK and if she wanted to talk about the issues she was referring to, so that they could be investigated, as per our process. [Ms Cheney] did not disclose much information, confirming she did not wish to discuss the issue any further…. During the conversation, [Ms Cheney] did mention she had been feeling unwell the previous 2 weeks.[89]
[87] T8, page 28.
[88] Ibid, pages 29-30.
[89] Ibid, page 29.
On 26 May 2016, Ms Cheney was conveyed to the Campbelltown Hospital.[90] Dr Andy Huang, a psychiatry registrar, reported:
[Ms Cheney] was brought in by Ambulance under section 20 to Campelltown Hospital on 26/5 due to familial concerns regarding a 5-6/52 week deterioration of her Mental State. This was in the context of non-compliance with her medication, as she was self-weaning off her Quetiapine and Sodium Valproate without the advice of her Private Psychiatrist because she was trying to get pregnant. On assessment, she exhibited characteristics of being in a Manic state. Additionally, she expressed paranoid delusions of her family coercing against her to place her in Hospital. She believed that her dental filling was releasing poisonous mercury into her mouth. Furthermore, she believed there has been months of significant workplace bullying, and believes her co-workers at Telstra are trying to manipulate her and jeopardise her job. “There are snide things going on there”, she explained…[91]
On admission, a registered nurse noted:
…
pt lived with her partner of 2 1/2 year prior to coming to live with her parents in last 5- 6 weeks, pt mental state has been deteriorating since, allegedly pt has been weaning herself of the medication a pt was planning to start the family, pt has been under stress from work due to bullying at work, also partners mother had been terminally sick in the last 3 months, partner spent most of his time with his mother, partners mother passed away, pt planned to attend her funeral today, became irrationa, locking herself in the room, paranoid, manic, parentscalled the ambulance.[92]
[90] Ibid, page 64.
[91] Ibid, page 57; pages 840-843 and T9 refer. See also Exhibit 4, page 55.
[92] Ibid, page 842.
On 6 July 2016, Ms Cheney was discharged from Cambelltown Hospital. It was noted Ms Cheney was “No longer rushing to go back to work”.[93]
[93] T9, page 33; Exhibit 4, page 1527.
On 9 July 2016, Dr Sandra Wellington certified Ms Cheney was unfit for work.[94]
[94] Exhibit 4, pages 1235 and 1303.
On 16 July 2016, Dr Davies reported to Dr Chaminda De Silva that Ms Cheney’s mental state on discharge was “stable with no evidence of pervasive mood disturbance or psychosis” and “She is oversedated on her mane Seroquel dose, which she decreased by herself 5 days ago”.[95] The doctor recommended a return-to-work plan commencing on 10 August 2016.[96]
[95] Ibid, page 1480.
[96] T9, pages 35-42.
On 1 September 2016, Ms Cheney consulted Dr San San Myint at the Plumpton Medical Centre. The doctor noted “dizzy, tiredness” and “pressure feeling in the head”.[97]
[97] Exhibit 4, page 2251.
On 17 September 2016, Dr Davies noted:
Work going well. My manager Charles says the General Manager Director is going something about her position. Unsure what this means but has caused some anxiety. “… some uncertainty”.
[98] Ibid, page 1457.
No issues with work colleagues…[98]
On 15 October 2016, Ms Cheney consulted Dr Davies, who noted:
Got made redundant on 23/9. Finishes 26/10….
Has applied for internal roles – one has come up. Will hear early next week.
“Been very depressed” Sleep went off the night was told so increased Seroquel to 100 mg nocte for a few days then reduced. Now sleeping well.
Still functioning at work
Appetite decreased
…
Not psychotic
[99] Exhibit 4, page1459.
…[99]
In or about October 2016, Ms Cheney transferred into Telstra’s Global Services Workforce Management team, which was managed by Bill Heidke.[100]
[100] T42, page 104.
On 5 November 2016, Ms Cheney consulted Dr Davies and the doctor noted:
Got another job. 2 weeks ago. Workforce scheduler
“Very happy”
Started new job 24/10 – going well, likes team
Opportunity of career progression
Sleeping well
…
Appetite “not much, but still eat”
Concentration “very focussed”
[101] Ibid, page 1460.
…[101]
Ms Cheney asserts she was sexually harassed on 8 December 2016:
On 8 December 2016 someone took a photograph of me in the workplace with my manager Bill Heidke. A senior member of the team Jenni Rusciano commented “you both look so happy you should get married”.[102]
Ms Rusciano denies making this comment.
[102] Exhibit 3, page 25;
On 18 February 2017, Dr Davies noted:
Work going well – nice workmates
…
Not stressed
[103] Ibid, page 1461.
…[103]
On 3 March 2017, Ms Cheney cancelled an appointment with Dr Davies on 4 March 2017.
On 14 March 2017, Ms Cheney attended the Pacific MC and consulted Dr Andrea Laylo. The doctor noted:
here for bloo dtest
on seroquel and valproate
feeling tried all teh time
deneis depression
soemtimes as well vomits no particulra time and notrelated to food
feel sok after
bo ok
discussed results
advised repeat blood test liver fuction in 2-3 months
advised earlie rif with symptoms
Observe[104]
[104] Ibid, page 1625.
On 2 May 2017, Ms Cheney consulted Dr Taimoor Rasheed at the Pacific MC, seeking a repeat prescription for her medications. The doctor noted “o/e Nil Mania”.[105]
[105] Ibid.
On 13 May 2017, Dr Davies noted a telephone conversation with Ms Cheney’s parents:
P/C to parents (returning their call) re [Ms Cheney]: aware has cancelled. Very concerned about [Ms Cheney] and her behaviour. Staying in a motel for 2 weeks. Meeting with [previous partner] every second day for lunch. Seems to be under control of her new BF “[MX]”. Met him in Banks house. Heard [Ms Cheney] has money, 2 houses.
Spoke to [Ms Cheney] 3 weeks ago, stating [previous partner] had tried to kill her with a drug. Prev mentioned this before being admitted.
Non compliant with medications
[106] Ibid, page 1463.
…[106]
On 27 May 2017, Ms Cheney consulted Dr Davies. The doctor noted:
…
Broke up with [previous partner]…
…
New BF “[MX]” – moved in with him. Met in hospital.
No abuse. D
Denies control.
…
Enjoying working – busy. Workmates supportive “really good team”
Sleeps well with 100mg Seroquel nocte.
Zeldox 40mg bd – concerns with Zeldox…
Mood “feel fine”
…
Not psychotic
…
Anxiety “not really” – around work/parents[107]
[107] Ibid, page 1464.
On 12 July 2017, Daniella Fittler, Supply Lead Workforce Management, sent an email to Ms Cheney in which she stated:
You are really doing way too much in over servicing the accounts. I have been in your shoes before and don’t want to see you burnt out.
…
Please go ahead and take the day off. You need a break.
…[108]
[108] ST133, page 369.
Ms Cheney alleges she was sexually harassed on 18 July 2017. Ms Cheney attended an off-site Workforce Management team lunch with Mr Heidke and 7 colleagues. She alleges Mr Heidke made lewd comments about a woman in the restaurant. Mr Heidke denies this. A witness recalls Mr Heidke and another employee “commenting on a female restaurant staff member being attractive but this was not in a lude or sexualised way”.[109] Ms Cheney gave evidence that she returned to the workplace and, at or about 5pm, Mr Heidke “grabbed my head with his right hand, and kissed me on the left cheek hard and for a long amount of time”.[110] Mr Heidke denies this occurred.
[109] ST182, page 454.
[110] Ibid, page 455.
On or about 20 July 2017, Ms Rusciano joined the Workforce Management Team in which Ms Cheney was employed.[111] I understand Ms Rusciano was based in Melbourne and oversaw some changes in the operation of the Melbourne Workforce Management Team, whereupon similar changes were expected by the Sydney Workforce Management Team.[112]
[111] ST101 pages 215-216.
[112] ST 132, page 368.
On 9 August 2017, Ms Cheney sent an email to Mr Heidke, asking:
… Is this aimed at reducing staff in the WFM team? Through natural attrition, redundancy or through performance management?
…[113]
Mr Hieke replied “This is not about reducing the tem at all but adjusting what we are doing and how we are doing it”.[114]
[113] Ibid, page 367.
[114] Ibid.
At 9.48pm on 9 August 2017, Ms Cheney sent an email to Mr Heidke seeking approval of a period of leave:
Would it be okay if I take some time off to look into the attached [screenshot]?
I am being honest, I am very stressed. Will leave it up to you as to how much time I can take off. I think I have a few months leave. If you want me to call you I will. As long as I have a job to come back to after the leave. I do like working with you guys.
…[115]
[115] ST138, page 381.
Mr Heidke replied the following morning:
Kassie – yes you can take leave of course. We can discuss tomorrow in our one on one. Try and relax.[116]
[116] Ibid, page 384.
An exchange of emails ensued,[117] which included:
[117] Ibid, pages 380-386.
Ms Cheney emailed Mr Heidke at 8.06am:
…
So you are only approving a day of leave, for today 10/08/17, is that correct? Which leave should I put in, elite athletes leave? Or other leave? There are less leave choices via the F% app then ever before! I have been working for over 10 years at Telstra so I have accrued LSL. Although I didn’t really pick up/ accrue any tech skills (but I’m sure there is a loooooooot of data thanks to the big T, working with various other govt agencies/ organisations)!
If we have a 1on1 tomorrow should I be in the office???? Or can that be done remotely also. Depending on the above question, regarding how much leave you are approving???? Could you please specifically tell me the number of days you are approving and the leave type to enter?
…
Gosh I am soooooooo stressed!!!! Maybe I should see a Dr. Or family planning clinic. No scripts lol! …
Gosh where do I start!
…
Mr Heidke replied at 8.30am:
Kassie – please stay at home tomorrow as well. We can do the one on one over the phone – there is no need to put in any leave at this stage.
I am worried about you.
I want Danielle to talk to you about the tasks we can give to someone else to perform asap. Can she call you some time today???
At 8.49am Ms Cheney responded:
It’s okay I can work, I just sent a work related email just now.
Should I put in leave for today or work remotely today? If I should put in leave, which leave type should I input into the system and for how long? Just for today?
I’m not playing games here, just want to know what is happening.
I can move the meetings today to when I am off leave, rather than handover. Depending on how much leave you approve and the leave type to enter.
I do like my job and the team and would like to remain employed by Telstra in my current position.
Many thanks (which is how I used to conclude my emails).
Danielle can call me, if she wants to take my job then no thanks.
At 11.26am Ms Cheney raised further questions about the amount and type of leave and wrote:
…
6. Please confirm my current position (not sure of the position number) at Telstra is permanent full time, regardless of having leave or working remotely and offshoring etc etc. Yes or No.
…
Mr Heidke responded at 11.31am and stated:
Kassie – can you please put 2 days of sick leave in for the system for today and tomorrow
Do not attend the meeting today GDC and CBA please – we will cover those meetings
…
6) your role is permanent within my team BTS
We have a call booked for tomorrow as a one on one which I would like to keep please…
At 5.58pm Ms Cheney wrote:
Just to let you know, I have changed the leave from sick leave to annual leave….
…
I think I need to see a Dr about having children. I may need to take further leave for this to investigate, pending your approval of course – TBA dates. Sorry that this is so last minute, but it is kind of important. But please do confirm my position in your team is permanent full time, in the WFM team…, for when I return from leave (pending your approval of course). [118]
[118] Ibid, pages 382, 383, 384 and 386.
Ms Cheney was absent from work from 10 August 2017 to 22 January 2018.[119]
[119] Ibid, page 1560; ST143, page 389 refers.
On 11 August 2017, a further exchange of emails between Ms Cheney and Mr Heidke. These included:
At 6.59am Ms Cheney sent an email to Mr Heidke in which she stated:
I have been in pain (for a while) and haven’t slept at all (last night), so am not well. Am not sure when I will be well. Would probably be best if you didn’t call me, but up to you.
Please do not call ‘next of kin’ again, not sure why that’s a Telstra process…
Please confirm you have approved my leave … and that my position in Telstra is safe.[120]
[120] ST142, page 388.
At 9.50am, Mr Heidke replied in the following terms:
…
I am sorry to hear you are feeling unwell and wish to confirm my support to you.
To ensure my ongoing duty of care, I do wish to speak to you to get a better understanding of what leave/support you require at this time – both of which I am happy to provide. I will be contacting your verbally to discuss this later on today – can you please confirm a time that suits you.
Alternatively you may contact me at any time so we can discuss.[121]
[121] Ibid.
Ms Cheney replied at 10.28am and stated:
I am not feeling well (have pain, but I won’t elaborate where) and have not slept.
I have been to many different Dr’s already and there has been no physical diagnosis made, although have done MRI, CT scan and other tests and examinations…. If you like, you can request access to my medical records for your information purposes.
I would prefer ALL correspondence in writing, if that is okay by you.
And to reiterate, please do not contact next of kin…
I am not sure when I will be better, but will let you know how I am feeling in writing, as I do have some leave still available.
…
At 10.58am Mr Heidke informed Ms Cheney:
Telstra have a duty of care to all employees and based on your recent emails and no current medical evidence to support your absence from work, I will need to have a verbal discussion with you as soon as possible.
Kassie this is solely to support you and ensure that you are ok and then determine next steps. There are policies and processes that need to be followed by you as an employee and at this point in time, I have no medical information to support your absence.
I am very concerned about you and ask that you contact me asap…
On 15 August 2017, Mr Heidke sent an email to Ms Cheney in which he confirmed leave available to her and stated:
… I recommend that you do take this time to focus on your health and wellbeing by seeking appropriate medical care in this regard. I will be in touch with you verbally on 6 September 2017 to discuss your return on 11 September 2017…[122]
[122] ST24, page 63.
On 16 August 2017, Ms Cheney attended the Pacific MC with her partner and consulted Dr Laylo. The doctor noted:
LOOONG consult!
note donthe file have history of bipolar ider DR. Davis
have multiple questions onteh pad
asking about seroquel ??wehn wa sit ivented ? do i know any sleeping pills taht cause harmful effct onthe baby?? and wanted me to search inteh internet.
ona sking- cncern as stopped seroquel 3 days ago - as wanted to get pregnant( note onteh notes of DR. davis that he is againes that) …
…
advised if concern we need to check pregnancy test first-
asking too many questions
advised that the best 1 to answer those quetsion is her psychitrist
advised to see Dr. davis recommend
having chest pians for years - wanted referral to see cardiologist
doesnt want to answer more questions regrading the pain
wanted refrral to see a gynecologist as concern abouit fertility f she is going to get pregnant-
advised
doesnt seem risk to herself
anxious
have sleepingproblem
On 1 September 2017, Ms Cheney was admitted to the Bankstown-Lidcombe Hospital.[123] The Hospital admission and progress notes include:
[123] Ibid, pages 43-46.
Triage Comment - BNK : c802 elevated mood 4/7
rapid speech flight of ideas
community mh scheduled
non compliant with medications
refusing vital signs with cda
hx bipolar
refusing oral medications at triage agitated mht informed[124]
…
Pt was observed to be talking continually about the food being poisioned, the fillings in their mouth. There were period where the pt did stopped talking. Pt was using inappropriate language to the nurse specialist and to the RN on duty about sex and masturbation…
[124] Ibid, page 282.
[125] Ibid, page 285.
… Pt continues to talk about political matters, being subjected to bullying by her colleagues. Pt refuses to lie on the bed and rest and chooses to lie on floor with her pink top as a pillow and continues to talk about Telstra issues, bullying, people dying, 911 anniversary coming up, and being feed human mixed with animal meat. Pt also continues to object to having any medication as it could make her infertitle…[125]
Psychiatry Registrar Peter Xie noted:
…
Relapse secondary to non-compliance of medication and ziprasidone reduction; possibly also substance use
…
Denies worrying about being poisoned but ongoing persecutory delusions regarding Paul Ventura, Christevenson and Mike Nolis.
[126] Ibid, page 13; page 23 refers.
…[126]
On 5 September 2017, Ms Cheney was transferred from the Bankstown-Lidcombe Hospital and admitted to the Liverpool Hospital.[127] The Hospital records include the following summary in respect of her presentation:
Family contacted COMHET on 28/8/17 due to concerns with her mental state. Documentation indicates that on phone assessment she presented well. She also declined a MH assessment.
According to patient and her family her private psychiatrist Matthew Davies was weaning off her Ziprasidone due to patient’s desire to start a family. When [Ms Cheney] was down to Ziprasidone 20 mg BD she left her partner … of 4.5 years. Karen then lived with and married a man (whom she met during her previous Bankstown admission, a fellow co-patient). She married him under the Muslim ceremony, her parents were not present. Karen also stopped her medications on his advice… According to patient he is currently an inpatient at Bankshouse.
Family reports that in the week prior to admission Karen has been increasingly not making sense.
According to COMHET, on a phone call review today, she appeared elevated and thought disordered. Her family called an ambulance/police due to ongoing concerns regarding an escalation of her behaviour/deteriorating mental state.
On review during admission, [Ms Cheney] reported that mercury amalgam fillings are poisonous and that there is a conspiracy involving the government, dentists arid the medical profession to poison everyone. Food may also be contaminated. She reported that her ex-husband has divorced her in order to indirectly kill her as this will affect her heart muscle. She states that there were various people, Paul ventura (…), Chris Stevenson (…), Mike Nolis (…) who bullied her at Telstra. The aim of this was to make her not have children.
[127] Ibid, page 1798.
[128] Ibid, page 1796.
…[128]
On 2 November 2017, Ms Cheney was discharged. It was noted:
… She wishes to cease her medication eventually due to the negative effects on her pregnancy plans, however she understands that due to her acute admission, she should remain on her current medications for at least 3-6 months, she has an appointment with her private psychiatrist to discuss future medication management.
[129] Ibid, page 1797.
She intends to follow return to work plan and start returning to work on 13/11/17, medcical certificate provided till 10/11/17.[129]

Her perceptions about alleged bullying by Mr Ventura, Mr Nolis and Mr Stephenson have a paranoid and persecutory character which does not align with rather scant evidence of their conduct or behaviour at the time. This is reinforced by Ms Cheney’s retrospective attribution in September and October 2013 of the unexplained physical symptoms she was experiencing and her assertion that these were triggered by circumstances in her employment six months earlier. The objective evidence establishes that Ms Cheney experienced such symptoms from 2012 and there was no complaint to Dr Wan in July 2013 of bullying in her workplace. The available employment records and the evidence given by Mr Ventura suggests that allowances were made in her employment as her psychiatric condition deteriorated.
Ms Cheney’s perceptions of alleged bullying and sexual harassment by Mr Heidke and Ms Rusciano also have a paranoid and persecutory character which does not align with the evidence of their actual conduct in Ms Cheney’s employment. I am satisfied Ms Cheney misinterpreted events which actually occurred and it is probable her misinterpretation was informed by cognitive distortions and perseverative persecutory ideas produced by her schizoaffective disorder.
With regard to Ms Cheney’s allegations and perceptions of sexual harassment, Associate Professor Robertson and Dr Jungfer agree Ms Cheney’s alleged experiences of sexual conduct and sexual violence as a child could increase her vulnerability to retraumatisation with further exposure to perceived similar conduct as an adult. Associate Professor Robertson explained if Ms Cheney was exposed to such conduct as a very young child, at the age of 4 as she alleges, this might increase her later vulnerability. These considerations are relevant to Ms Cheney’s allegations of sexual harassment in her previous employment and evidence of alleged childhood experiences of a sexual and sexually violent nature, as well as a previous related episode of mental illness. Considering these matters, two things must be said.
Firstly, there appears to be a sexual element in Ms Cheney’s schizoaffective disorder which affects related her perceptions and conduct, at least from time to time. This is clearly demonstrated in the clinical materials and reports of Dr Davies and Dr Singh. It is also apparent in the clinical records of Ms Cheney’s admission to the Blacktown Hospital in March 2014.
Secondly, Ms Cheney has given varying accounts of memories of alleged unwanted sexual conduct she experienced as a child. She has given an account of sexual activity with a family member as a young teenager, but in another an account this was a “near miss” sexual event which occurred in a bath when she was a young child. She has given an account of being sexually abused by a boyfriend as a teenage child, and that she was sexually assaulted on a different occasion. Without any corroboration of her allegations of childhood sexual experiences, it is difficult to know what to make of them. The available evidence is not sufficient to permit factual findings to be made with any degree of satisfaction in respect of Ms Cheney’s alleged childhood sexual memories or experiences. Perhaps the best that can be said is that I accept Ms Cheney believes her memories are true and the alleged events actually occurred.
On Associate Professor Robertson’s evidence, it is likely these experiences and perceptions increased Ms Cheney’s vulnerability or sensitivity to sexual harassment.
This notwithstanding, I have concluded Ms Cheney’s allegations of sexual harassment in her previous employment are not reliable, and in all likelihood are informed by misinterpretation or delusional thinking. Ms Cheney’s perception of events in which she alleges she was sexually harassed, after the Workforce Management team lunch for example, are not corroborated. It is possible the alleged events actually occurred in the manner Ms Cheney believes to be true, but the present materials are not sufficient to support such a finding.
Dr Jungfer and Associate Professor Robertson gave evidence, which I accept, about the possible contributory role of stressful circumstances in the emergence of episodes or the destabilisation and elevation of symptoms of Ms Cheney’s mental health condition. They were in agreement that during periods in which Ms Cheney was not compliant with prescribed medication even very minor stresses might contribute to destabilisation of her disorder and the elevation of symptoms or episodes. On their evidence, it is possible work stresses, including working long hours to meet deadlines and taking on a new role, might have contributed to Ms Cheney’s increasing symptoms.
Associate Professor Robertson gave evidence of the hypothesis of epigenetic manipulation and methylation, in which stress-related compounds trigger genetic switches leading to the onset of psychotic (or other) disease. While this offers a tantalising glimpse into possible physiological causes of psychotic disease, it is presently no more than a hypothesis which requires further scientific investigation. It does not assist in this case without evidence of Ms Cheney having particular chemical or genetic markers at relevant points in time. As Associate Professor Robertson explained, without such evidence, there is a great difficulty disentangling the specific contributory factual causes of any particular psychotic episode. He described this as a Gordian knot. And therein lies the difficulty in this case.
In all likelihood, there are multiple factors which contributed to the episodes of psychosis or elevated symptoms of schizoaffective disorder Ms Cheney experienced in the period from 2013 to 2019, including the neurodevelopmental, episodic and recurring nature of the disorder itself.
It is likely Ms Cheney’s schizoaffective disorder ailment reduced her capacity to function and to cope with the ordinary stresses of her work. These effects of her mental disorder probably influenced her interpretation of events and they were elevated at times when Ms Cheney reduced or ceased taking prescribed medications.
Much turns on Ms Cheney’s perceptions of events. It is clear some of the allegations Ms Cheney has raised are based on events which are likely to have occurred, such as:
(a)Ms Rusciano removing work from Ms Cheney in 2018;
(b)a work lunch on 18 July 2017;
(c)Mr Heidke including ‘xx’ in Chat communication to Ms Cheney on 4 May 2017;
(d)Mr Ventura recounting a story about a real boating incident;
(e)Ms Cheney struggling to comprehend her new role and duties in March 2013; and
(f)Ms Cheney working long hours in a high-pressure work environment and engaging in work outside business hours from time to time.
Other alleged incidents lack any supporting evidence and were not substantiated on investigation. It is possible but not established Mr Heidke unnecessarily touched Ms Cheney’s arm at work. Ms Cheney’s allegations about Mr Heidke making lewd remarks are not supported by other employees who were present. There is no evidence to corroborate Ms Cheney’s allegation Mr Heidke kissed her on her left cheek, even though this is alleged to have occurred at around 5pm in the workplace where other people may have been present. The fact that Ms Cheney touched her left cheek when giving evidence might be taken as a demonstration she believes her account is true, but it does not prove the incident actually occurred.
Mr Ventura and Ms Rusciano gave evidence of their concerns for Ms Cheney’s well-being and the effects and actions they took, particularly Ms Rusciano, to manage Ms Cheney appropriately. Ms Rusciano was aware Ms Cheney had experienced a mental illness prior to her return to work, and this informed decisions she made about Ms Cheney’s duties and workload. Ms Cheney’s evidence of bullying and unfair treatment stands alone, without support, and it reflects adverse perceptions she formed about events in her employment. I am satisfied, for example, Ms Rusciano took decisions to remove work from Ms Cheney in order to reduce her workload and related stress, which Ms Cheney perceived to be bullying and unfair.
On the clinical evidence of Dr Singh, in July 2015, Ms Cheney was “preoccupied with her previous alleged bullying incidents” about which she held “obsessive ideas”. This is consistent with Dr Jungfer’s opinion Ms Cheney “perseverates around paranoid themes” whereby cognitive distortions from her Disorder affect the way she thinks and sees the world in a “persecutory manner”, “as if someone is trying to harm her”, even during periods in which she is not psychotic. As I comprehend Dr Jungfer’s evidence on this point, Ms Cheney’s disorder and the related cognitive impairments and distortions she experiences are likely to inform her perception of circumstances and cause her to interpret things in a more paranoid light, and this renders her more susceptible to experience stress and destabilisation.
Associate Professor Robertson described this as a “snowballing effect” in which Ms Cheney’s resilience is likely to decline. He did not consider schizoaffective disorder to be a reactive condition and explained that, even though the illness runs “its own course” and has “internal mechanisms”, it can be adversely affected by “stressful feedback loops” in which the disorder affects the person’s perceptions and the person’s perceptions inform their response to circumstances in their environment, which can adversely affect the person’s disorder: “the lens or prism of the person’s mental illness can affect their perception of objective reality”. The Associate Professor went further and explained that, in his opinion, events which are demonstrably stressful, such as sexual harassment, physical assault, overt bullying or witnessing trauma, can also affect the person’s illness.
Associate Professor Robertson and Dr Jungfer agreed Ms Cheney did not comply with prescribed medications on repeated occasions and this increased her vulnerability or susceptibility to experience increased symptoms or destabilisation of her schizoaffective disorder, where even minor environmental stressors, such as working late to meet a deadline, could trigger an episode or increased symptoms of her disorder.
I accept Associate Professor Robertson’s evidence the “formulation of delusions often involves overinterpretation of interpersonal interactions and integration of persons and their behaviour into delusional belief systems”, and this can lead to “false negative evaluations of the contribution of mundane workplace stress in the onset of psychotic illness”.[299] On his evidence, the prism of Ms Cheney’s mental illness likely affected her perception of objective reality, and the “putative workplace stress was not the “cause” of her schizophrenic illness, but rather a factor which contributed to the elaboration of a psychotic episode in interaction with other factors”.[300] While the possibility Ms Cheney was exposed to genuinely stressful events, such as sexual harassment and overt bullying, cannot be ruled out, no such positive finding can be made on the available materials.
[299] Exhibit 3, page 145.
[300] Ibid.
Associate Professor Robertson and Dr Jungfer agreed that Ms Cheney’s evolving psychosis could itself be a separate stressor, and this likely caused her functioning, resilience and tolerance of normal things to deteriorate. On Dr Jungfer’s evidence, Ms Cheney’s “Poor insight into being ill and not managing her illness affected her levels of stress, her perception of the impact of normal workplace matters leading to more severe symptoms”.[301]
[301] Ibid, page 203.
It is possible Ms Cheney is able to distinguish between delusions and reality, as she asserts. Nevertheless, in the context of the delusional beliefs Associate Professor Robertson and Dr Jungfer discussed, there are real questions about her ability to differentiate between real incidents, objectively established by materials of probative value, and perceptions or delusions she believes to be true. The proposition Ms Cheney is able to distinguish psychotic delusions from actual experiences is not to the point as her actual experiences are likely to include perceptions and delusions informed by perseverative ideas and cognitive distortions.
It is not possible to disentangle Associate Professor Robertson’s ‘Gordian knot’ without objective evidence of relevant facts. In this case, there is insufficient objective evidence to support Ms Cheney’s allegations of bullying and sexual harassment, and the alleged facts Ms Cheney believes are true. This notwithstanding, taking into account the contributory role of the stressful feedback loops Associate Professor Robertson referred to and the perseverating persecutory ideas Dr Jungfer discussed, I am satisfied Ms Cheney’s previous employment was more than a neutral context in which her mental ailment progressed.
I am satisfied Ms Cheney experienced work stresses as a result of taking on new roles and duties, working long hours, managing a high-volume workload under pressure to meet deadlines, and lack of clarity about work roles and duties, at times when she was experiencing cognitive difficulties, paranoid delusions and lack of insight which reduced her functional capacity and resilience, especially during periods in which she was not fully compliant with prescribed medications.
On the evidence of Dr Jungfer and Associate Professor Robertson, it is possible, even likely, these work stresses contributed to destabilisation of Ms Cheney’s schizoaffective disorder and to the elevation of symptoms and episodes of psychosis.
In this context, it is likely, and I find, her previous employment was a contributory factor in the episodes of her schizoaffective disorder in October 2013 and December 2018. This notwithstanding, the employment contribution is enmeshed in the Gordian knot of contributory factors Associate Professor Robertson discussed. In this context, the available evidence does not establish, and I cannot positively find any of the contributory employment factors which have been raised and considered in these proceedings contributed to Ms Cheney’s schizoaffective disorder to a ‘significant degree’ which is substantially greater than material.
Considering all the materials and the medical evidence, for the purposes of s 5B(1) of the Act, I am not satisfied Ms Cheney’s previous employment contributed to her schizoaffective disorder ailment to a significant degree.
From this it follows, and I am satisfied, Ms Cheney does not have a ‘disease’ for the purposes of s 5A(1)(a) and s 5B of the SRC Act.
Injury
As Ms Cheney does not have a ‘disease’ kind of ‘injury’, and no issue was raised in respect of an ‘injury (other than a disease)’ (or an aggravation of an injury of that kind), she does not have an ‘injury’ as defined in s 5A for the purposes of the SRC Act.
That being so, Ms Cheney’s compensation claim cannot be accepted.
Conclusion
Ms Cheney’s claim for compensation is not made out.
This is so even though it is likely work stresses she experienced in employment by Telstra contributed to her schizoaffective disorder ailment to some extent.
I have found Ms Cheney’s schizoaffective disorder ailment emerged and progressed in the context of her Telstra employment. It affected her cognitive functions and perceptions, and her interpretation of events and interactions in the course of her employment. It is probable she became obsessed with perceptions about her employment she believes to be true.
Mr Cheney’s allegations of bullying and sexual harassment in 2013, 2016, 2017 and 2018 are not made out.
In the context of the neurodevelopment nature of Ms Cheney’s emerging schizoaffective disorder ailment from 2012 and the social stressors referred to in the clinical records from July, September and October 2013, including significant personal relationship issues and non-compliance with medication she was prescribed, I am satisfied the employment contribution to the onset and progress of the ailment was not substantially greater than material. While the circumstances of Ms Cheney taking on and struggling with the new role under Mr Ventura’s supervision in March 2013, and the subsequent issues she perceived in respect of lack of training, a job description and a performance development plan, may have contributed to the progress of her Schizoaffective Disorder ailment to some extent, the relevant materials do not support a finding that the contribution was to a significant degree.
With regard to the progress and episodes of Ms Cheney’s schizoaffective disorder thereafter until the cessation of her employment by Telstra in May 2019, I am satisfied Ms Cheney experienced stress dealing with her duties in employment in 2018, particularly when dealing with new roles and duties, and working long hours to meet deadlines. These stresses likely contributed to the destabilisation or aggravation of her schizoaffective disorder to some extent, but the evidence does not support a finding the employment contribution was to a significant degree.
I am satisfied Ms Cheney experienced employment-related stress as a result of perseverative ideas, persecutory delusions, cognitive distortions and an increasing focus on her perceptions relating to Mr Ventura, Mr Stevenson, Mr Nolis, Mr Heidke and Ms Rusciano. On the relevant probative evidence, I am not satisfied, and I cannot positively find, stresses of these kinds and Ms Cheney’s related perceptions contributed to her schizoaffective disorder ailment to a significant degree.
For these reasons, the threshold of a ‘disease’ is not surpassed. No issue was raised in respect of an ‘injury (other than a disease)’. Consequently, there is no ‘injury’ for the purposes of s 5A of the SRC Act.
That being so, the decision under review must be affirmed.
Decision
The decision under review is affirmed.

I certify that the preceding 303 (three hundred and three) paragraphs are a true copy of the reasons for the decision herein of

........................................................................
Associate
Dated: October 2024

Date(s) of hearing: 19, 20, 21, 22 August 2024

Counsel for the Applicant: J. Mrsic

Solicitors for the Applicant: G. Watson, Grieve Watson Kelly Lawyers

Counsel for the Respondent: B. Kelly

Solicitors for the Respondent: A. Bortone, Sparke Helmore

[2024] AATA 3614

11 October 2024

Key Legal Topics

Areas of Law

Employment Law

Negligence & Tort

Legal Concepts

Causation

Date(s) of hearing:	19, 20, 21, 22 August 2024
Counsel for the Applicant:	J. Mrsic
Solicitors for the Applicant:	G. Watson, Grieve Watson Kelly Lawyers
Counsel for the Respondent:	B. Kelly
Solicitors for the Respondent:	A. Bortone, Sparke Helmore