Department of Education v Unsworth

The Department of Education appealed against a decision of the Magistrates’ Court of Victoria, which had dismissed the Department’s claim for compensation for a personal injury suffered by one of its employees. The injury in question arose out of the employee’s exposure to bullying and harassment by a colleague over a period of time. The Magistrates’ Court had found that the injury did not arise out of an expectation of action within the meaning of section 82(2A)(a) of the Accident Compensation Act 1985 (Vic), and therefore dismissed the Department’s claim. The primary issue before the court was whether the employee’s injury arose out of an expectation of action within the meaning of the relevant statutory provision. The court noted that the relevant statutory provision provided for compensation where a person suffers a personal injury arising out of an expectation of action to be taken under a law of Victoria. The court considered whether the injury in this case arose out of an expectation of action within the meaning of that provision, and concluded that it did not. The court noted that the relevant statutory provision was not intended to cover psychological or psychiatric injuries caused by workplace bullying and harassment. The court held that the injury in this case did not arise out of an expectation of action within the meaning of the relevant statutory provision, and accordingly allowed the appeal and remitted the matter to the Magistrates’ Court for further hearing and determination. The court did not make any orders for costs.