Leske v Trinity Lutheran College Mildura

The proceeding concerned a claim by the applicant, Ms Leske, against the respondent, Trinity Lutheran College Mildura, for damages for personal injury. Ms Leske alleged that she suffered a psychiatric injury as a result of bullying and harassment by students and staff at the college during her employment as a teacher. The matter came before Whelan J in the Supreme Court of Victoria.

The central legal issues before the court were whether the respondent owed a duty of care to Ms Leske to protect her from psychiatric injury arising from bullying and harassment, whether that duty of care was breached, and whether such a breach caused Ms Leske’s alleged psychiatric injury. The court was also required to consider the application of the *Wrongs Act 1958* (Vic) regarding the assessment of damages for psychological injury.

Whelan J found that the respondent owed Ms Leske a duty of care to take reasonable steps to prevent foreseeable harm, including psychiatric injury, arising from bullying and harassment in the workplace. The court determined that the respondent breached this duty by failing to implement and enforce adequate policies and procedures to address the bullying and harassment experienced by Ms Leske, and by failing to respond appropriately to her complaints. The court was satisfied that the respondent’s breaches of duty caused Ms Leske to suffer a psychiatric injury.

The court ordered that the respondent pay damages to Ms Leske in the sum of $375,000, plus interest and costs.