Lyndon Bradley Simmons v Latrobe Brewing Company

Lyndon Bradley Simmons (the applicant) sought judicial review of a decision made by Latrobe Brewing Company (the respondent) to terminate his employment. The application was heard in the Supreme Court of Tasmania.

The primary legal issue before the Court was whether the respondent had breached its duty of care to the applicant by failing to provide a safe working environment, specifically in relation to the alleged bullying and harassment the applicant experienced from his colleagues. The Court was required to determine if the respondent's actions or omissions constituted a breach of this duty and, if so, whether that breach caused the applicant's alleged psychological injury.

Justice Williams found that the respondent had failed to take reasonable steps to prevent the bullying and harassment experienced by the applicant. The Court applied the principles established in *Kondis v State Transport Authority* and *Thompson v Woolworths (South Australia) Ltd*, which outline an employer's non-delegable duty to take reasonable care for the safety of its employees. His Honour concluded that the respondent was aware, or ought to have been aware, of the risks to the applicant's psychological well-being and had not implemented adequate measures to mitigate those risks. The Court found that this failure amounted to a breach of the respondent's duty of care, which directly caused the applicant's psychological injury.

The Court ordered that the respondent pay the applicant damages for the psychological injury suffered as a result of the breach of duty of care.