Hamlin v The University of Queensland

In the matter of *Hamlin v The University of Queensland*, the Queensland Civil and Administrative Tribunal (QCAT) considered a dispute between Ms. Hamlin and The University of Queensland. Ms. Hamlin alleged that the University had breached its duty of care to her by failing to take reasonable steps to prevent her from suffering a psychiatric injury. The injury allegedly arose from her employment as a lecturer at the University, specifically due to alleged bullying and harassment by her colleagues.

The Tribunal was required to determine whether the University owed Ms. Hamlin a duty of care, and if so, whether it breached that duty. Specifically, the Tribunal had to assess whether the University had knowledge, or ought to have had knowledge, of the alleged bullying and harassment, and whether it took reasonable steps to address the situation and protect Ms. Hamlin from psychiatric harm. The central legal issue was the extent of an employer's duty of care to protect an employee from psychological injury arising from workplace bullying.

Judge Jarrett found that the University did owe Ms. Hamlin a duty of care. However, the Tribunal concluded that the University had not breached this duty. The reasoning was that while the University was aware of some interpersonal difficulties, it did not have sufficient knowledge of the alleged bullying and harassment to trigger a more proactive response. The University had taken some steps to address the reported issues, and the Tribunal found these steps to be reasonable in the circumstances, particularly given the information available to the University at the time. The Tribunal applied principles of negligence, focusing on the foreseeability of harm and the reasonableness of the employer's actions in response to known risks.