SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCI 2012 0101
| DAVID LARNER | Appellant |
| v | |
| GEORGE WESTON FOODS LTD | Respondent |
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| JUDGES | REDLICH, TATE and SANTAMARIA JJA |
| WHERE HELD | MELBOURNE |
| DATE OF HEARING | 24 October 2013 |
| DATE OF JUDGMENT | 9 April 2014 |
| MEDIUM NEUTRAL CITATION | [2014] VSCA 62 |
| JUDGMENT APPEALED FROM | Larner v George Weston Foods Ltd (Unreported, County Court of Victoria, Judge Coish, 10 May 2012) |
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NEGLIGENCE – Psychiatric injury suffered by employee – Whether employer breached duty of care – Whether warning signs to employer that employee was at risk of psychological collapse – Employer entitled to assume employee capable of performing contract in absence of warning signs – Operation of contract not qualified by hindsight – Koehler v Cerebos (Australia) Ltd (2005) 222 CLR 44 applied.
CONTRACT – Contract of employment – Alleged breach of express and implied terms – Whether statements were promissory – Oscar Chess Ltd v Williams [1957] 1 WLR 370 and Upper HunterCounty District Council v Australian Chilling and Freezing Co Ltd (1968) 118 CLR 429 referred to – Whether psychiatric injury and disorder flowed naturally from any breach or should have been within the contemplation of the employer – Remoteness – Hadley v Baxendale (1854) 9 Ex 341; 156 ER 145 and Baltic Shipping Company v Dillon (1993) 176 CLR 344 applied.
EVIDENCE – Whether trial judge erred in preferring the evidence of some witnesses to that of others – Whether finding by the judge about lack of reliability and gross exaggeration was inconsistent with facts incontrovertibly established, glaringly improbable, or was contrary to compelling inferences in the case – Fox v Percy (2003) 214 CLR 118 and TAC v Cuthbertson [2013] VSCA 29 referred to – Rule in Jones v Dunkel (1959) 101 CLR 298 – Whether trial judge erred in accepting explanation for failure to call witnesses and refusing to draw adverse inferences.
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| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr A G Uren QC with Mr A D B Ingram | Slater & Gordon |
| For the Respondent | Mr J Noonan SC with Ms M Norton | Herbert Geer |
REDLICH JA
TATE JA
SANTAMARIA JA:
TABLE OF CONTENTS
Introduction ....................................................................................................... 2 Employment as GWF Logistics Manager....................................................... 3 (1) Short-term contract with GWF .................................................... 3 (2) Approach to take on permanent role.............................................. 5 (3) Contractual negotiations ............................................................... 7 (4) Larner’s qualifications for the role ................................................ 11 (5) Permanent position as Logistics Manager (Vic/SA)... 12 (6) Psychological breakdown ……………………………………….. 16 (a) Hours of work ………………………………………… 16 (b) The absence of a 2IC ………………………….............. 18 (c) The South Australian operations ……………………. 21 (d) The disarray of the Victorian business ……………… 21 (e) Complaints about psychological distress …………... 22 (f) Psychological collapse ………………………………... 24 (g) Meetings following psychological collapse ………… 25 The disposition by the trial judge..................................................................... 27 Grounds of Appeal………….......................................................... ................... 33 (1) Rejection of Amendment to Statement of Claim…
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- [2014] VSCA 62
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CaseChat Overview and Summary
The legal issues the court needed to decide included whether the employer had breached its duty of care, whether there were warning signs that should have alerted the employer to the plaintiff's risk of psychological collapse, and whether the employer could be held liable for psychiatric injury that flowed from any breach of contract. The court had to consider the nature of the employer's duty, the foreseeability of the injury, and the operation of the contract. The court applied principles from cases such as Koehler v Cerebos (Australia) Ltd and Hadley v Baxendale to determine if the psychiatric injury and disorder were a natural consequence of the breach or should have been within the contemplation of the employer.
The court found that the employer had not breached its duty of care. It was determined that the employer was entitled to assume the employee was capable of performing their contract unless there were specific warning signs indicating otherwise. The court also held that the operation of the contract could not be qualified by hindsight. The trial judge's assessment of witness credibility and reliability was upheld, and no error was found in the acceptance of explanations for the failure to call witnesses. Consequently, the court dismissed the plaintiff's claim.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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