Lewis v Australian National University (No.2)

This matter concerned a claim brought by Mr Lewis against the Australian National University (ANU) in the ACT Civil and Administrative Tribunal (ACAT). Mr Lewis alleged that the ANU had breached its duty of care to him by failing to take reasonable steps to prevent him from suffering harm, specifically a psychiatric injury, arising from his employment as a lecturer at the ANU. The dispute centred on the ANU's handling of a complaint made by Mr Lewis regarding alleged bullying and harassment by a colleague, and the subsequent impact on his mental health.

The primary legal issue before the Tribunal was whether the ANU owed Mr Lewis a duty of care in relation to his employment and, if so, whether that duty had been breached. This involved considering whether the psychiatric injury suffered by Mr Lewis was a reasonably foreseeable consequence of the ANU's actions or omissions in managing the workplace complaint and whether the ANU had taken reasonable steps to mitigate any such foreseeable risk.

Judge Burchardt found that the ANU did owe Mr Lewis a duty of care. The Tribunal determined that the ANU had breached this duty by failing to adequately investigate and address Mr Lewis's complaint of bullying and harassment in a timely and appropriate manner. The Tribunal concluded that the ANU's inaction and inadequate response were significant contributing factors to the psychiatric injury Mr Lewis sustained. The Tribunal ordered that the ANU pay Mr Lewis damages for the harm suffered.