Hodges v State of Qld

DISTRICT COURT OF QUEENSLAND

CITATION:

Hodges v State of Qld [2006] QDC 382

PARTIES:

KATHERINE JOY HODGES  (Plaintiff)

And

THE STATE OF QUEENSLAND
by its authorised authority THE FRASER
COAST HEALTH SERVICE trading as
the MARYBOROUGH BASE HOPSITAL         (Defendant)

FI LE NO/S:

D217 of 2002

DIVISION:

Civil

PROCEEDING:

Claim

ORIGINATING COURT:

District Court, Maryborough

DELIVERED ON:

10 November 2006

DELIVERED AT:

Maroochydore

HEARING DATE:

5-6 October 2006

JUDGE:

Judge J.M. Robertson

ORDER:

   [1]      Plaintiff’s claim dismissed.

   [2]      Judgment for the defendant.

CATCHWORDS:

Negligence – whether employer was negligent – whether failure to provide safe working environment - sexual harassment by fellow employee

COUNSEL:

Mr D. Reid (for the Plaintiff)

Mr B. Hoare (for the Defendant)

SOLICITORS:

Morton & Morton Solicitors (for the Plaintiff)

Bradley & Co Lawyers (for the Defendants)

Introduction

1. The plaintiff Katherine Hodges claims damages for negligence against her former employer the Maryborough Hospital.  The essence of the plaintiff’s case is encapsulated in paragraph 5 of the further amended statement of claim filed by leave during the hearing:

“During the course of the Plaintiff’s employment with the Defendant, during the period November 2000 to the end of February 2001, the Plaintiff was required by the Defendant to carry out her work in an environment of sexual harassment and intimidation by the Defendant’s servant or agent, Graeme Edwards, as a result of which the Plaintiff sustained personal injuries, other loss and damage.”

1. Mrs Hodges claims that the hospital failed to provide her with a safe working environment and as a result of the sexual harassment of her by Edwards at work during this period she suffered a discrete psychiatric illness which has interfered with her enjoyment of life and lead to loss of income both past and future.

1. Mr Reid in his final submission both written and oral on behalf of Mrs Hodges concentrated on an alleged meeting between the plaintiff’s husband and Wayne Raguse a relieving supervisor in late December / early January 2001 in which it is said that Raguse was told of at least one incident of sexual harassment and did nothing about it; and on the failure of the hospital to have systems in place which would inform employees of what to do and who to talk to if sexually harassed at work.  It is not the plaintiff’s case that the hospital is vicariously liable for the actions of its employee Edwards.

Background Circumstances

1. Katherine Hodges worked for the Maryborough Base Hospital as a cleaner for many years commencing in 1990.  She was born on 25.03.68 and is married to Ricki Hodges.  Her son Jack was born in 1998; she then took maternity leave for a year and then returned to work part time until November 2000 when she returned to work full time.  Her duties involved the cleaning of the Dental Clinic on the hospital grounds.

1. When she returned to work full time she became friendly with Janine Harris who was temporarily assigned to Operational Services at the Base Hospital from the Wide Bay…