Tomisevic v Menzies Wagga Southern Pty Ltd

The appeal concerned an employer's liability for psychiatric injury allegedly suffered by an employee. The employee claimed to have ingested faecal material during the course of his employment and alleged that the employer was negligent in failing to provide him with adequate protective apparel. The appeal was heard by Mason P, Beazley JA, and Pearlman AJA.

The central legal issues before the court were whether the employer had breached its duty of care to the employee by failing to provide appropriate protective clothing, and whether psychiatric injury was a reasonably foreseeable consequence of the alleged ingestion of faecal material, particularly in light of any special susceptibility of the employee. The court also considered whether there was any error in the trial judge's findings of fact that would warrant disturbing them on appeal.

The appellate court found no basis to disturb the trial judge's findings of fact. The court applied the principles of negligence, considering the employer's duty of care and the foreseeability of harm. It was determined that the employer had not breached its duty of care and that psychiatric injury was not reasonably foreseeable in the circumstances presented. The court affirmed that an employer's duty of care extends to taking reasonable steps to prevent foreseeable harm, including psychiatric injury, but found that the facts of this case did not establish such foreseeability.

The appeal was dismissed, and the appellant was ordered to pay the costs of the appeal.