SUPREME COURT OF VICTORIA
COURT OF APPEAL
S EAPCI 2021 0018
| LINDA PATRICIA LLOYD | Applicant |
| v | |
| HEALTHSCOPE OPERATIONS PTY LTD | Respondent |
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| JUDGES: | BEACH, OSBORN JJA and FORBES AJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 8 November 2021 |
| DATE OF JUDGMENT: | 30 November 2021 |
| MEDIUM NEUTRAL CITATION: | [2021] VSCA 327 |
| JUDGMENT APPEALED FROM: | [2020] VCC 2032 (Judge P Ginnane) |
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NEGLIGENCE – Workplace injury – Psychiatric injury – Alleged bullying – Disciplinary proceedings – Whether trial judge erred in not being satisfied that bullying occurred – Whether employer on notice of work-related risk to plaintiff’s mental health – Whether employer breached duty of care in investigation and handling of complaints – Whether trial judge’s reasons adequate – Application for leave to appeal refused.
CONTRACT – Whether employer’s disciplinary procedure manual was incorporated into employee’s contract of employment – Whether parties objectively intended disciplinary procedure manual to form part of contract of employment – Whether parties objectively intended relevant parts of disciplinary procedure manual to have contractual effect – Whether damage claimed too remote – Whether trial judge’s reasons adequate – Application for leave to appeal refused.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr A D B Ingram QC with Mr G A Worth | Maurice Blackburn |
| For the Respondent | Mr P M O’Grady QC with Mr S E Gladman | Wisewould Mahony |
BEACH JA
OSBORN JA
FORBES AJA:
Between 1982 and 2012, Linda Patricia Lloyd (‘the plaintiff’) was employed by Healthscope Operations Pty Ltd (‘the defendant’) as a receptionist and patient services provider at the Melbourne Clinic. The Melbourne Clinic is a private mental health service, which provides both inpatient and outpatient treatment in respect of people suffering from psychiatric conditions.
In the proceeding at first instance, the plaintiff claimed that, over a relatively short period of time during 2012, she was bullied by the defendant’s finance manager, Trent Stewart. The plaintiff also claimed that the defendant owed her a duty of care in undertaking and managing investigations conducted on its behalf by Mr Stewart in response to a number of workplace related allegations made against her; which duty was breached by the defendant, causing the plaintiff to suffer psychiatric injuries. Additionally, the plaintiff claimed that the psychiatric injuries she sustained were caused by a breach by the defendant of her contract of employment, which contract she claimed entitled her to the benefit of a number of policies implemented by the defendant, including policies as to how disciplinary matters involving employees would be investigated and determined by the defendant.
On 17 December 2020, following a trial conducted in the County Court over six days in February and March 2020, a judge of the County Court dismissed the plaintiff’s proceeding and gave judgment for the defendant, in accordance with reasons published on 16 December 2020.[1] In summary, the judge:
·was not satisfied that the plaintiff was bullied by Mr Stewart;[2]
·rejected the plaintiff’s claim of breach of duty (negligence) on the part of the defendant, concluding that the defendant did not owe…
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- AGLC
- Lloyd v Healthscope Operations Pty Ltd [2021] VSCA 327
- Case
- [2021] VSCA 327
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the trial judge was correct in finding that the plaintiff had not established the occurrence of bullying and whether the employer breached its duty of care by not being on notice of the work-related risk to the plaintiff's mental health. Additionally, the court considered whether the employer's disciplinary procedure manual was incorporated into the plaintiff's contract of employment, and if the damages claimed by the plaintiff were too remote. The plaintiff also sought to challenge the adequacy of the trial judge's reasons for the decision.
The court found that the trial judge was not wrong in concluding that bullying did not occur and that the employer was not on notice of the risk to the plaintiff's mental health. The court also held that the employer did not breach its duty of care in investigating and handling the complaint. Furthermore, the court determined that the employer's disciplinary procedure manual was not incorporated into the plaintiff's contract of employment, and that the damages claimed were too remote. The court found the trial judge's reasons to be adequate. Consequently, the application for leave to appeal was refused.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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