Collings & Anor v Amaroo (Qld) Pty Ltd & Anor

In Collings & Anor v Amaroo (Qld) Pty Ltd & Anor, the Queensland District Court examined a claim for personal injury against an employer. The claimants, Collings and another individual, alleged they suffered post-traumatic stress disorder (PTSD) from an armed robbery that occurred at the service station where they were employed. The respondents, Amaroo (Qld) Pty Ltd and another employer, disputed the claims, arguing that the claimants failed to follow available security measures, thereby contributing to the incident. The court was tasked with determining whether the claimants' injuries were a direct result of their employment and if the employer's negligence contributed to the trauma experienced.

The primary legal issues addressed by the court were whether the claimants' PTSD was a foreseeable consequence of their employment and if the employer breached their duty of care by not implementing adequate security measures. The court also had to assess the credibility of the claimants' accounts and determine whether their failure to follow security protocols constituted contributory negligence. The court considered the statutory framework provided by the workers' compensation scheme and the common law principles of duty of care and causation.

In its decision, the court found that the claimants' PTSD was indeed a result of their employment, given the traumatic nature of the robbery. However, the court also held that the claimants' credibility was compromised due to their disregard of available security measures. This failure was seen as a significant factor in the robbery's occurrence and the subsequent trauma. Consequently, the court apportioned liability between the parties, reducing the claimants' compensation accordingly. The final orders reflected this apportionment, with the employer required to pay compensation, adjusted for the claimants' contributory negligence.