Zammit v the Qld Corrective Services Com

The plaintiff, Mario Zammit, commenced proceedings against the Queensland Corrective Services Commission alleging that he had suffered psychiatric injury as a result of the defendant's breach of duty of care, negligence and breach of statutory duty under s.9(1) of the Workplace Health and Safety Act 1989. The plaintiff alleged that the defendant had breached its duty to provide a safe system of work and had failed to adequately prepare, instruct, counsel, warn or educate the plaintiff in relation to the possible incidence of psychological disorder flowing from stress. The defendant denied the plaintiff's claims and contended that the plaintiff did not suffer from the psychiatric condition he alleged and that if he did, it was not caused by any wrongful conduct of the defendant. The defendant further contended that it was not practicable for it to take any steps beyond those which it in fact took towards ensuring the health and safety of the plaintiff. The court found that the defendant breached its duty of care by failing to take reasonable steps to minimise the risk of stress-related psychiatric injury to the plaintiff. The court found that the risk of psychiatric and physical injury to the plaintiff was substantial and that a reasonable man would have taken action to remove or diminish the fear and apprehension engendered in prison officers arising from the lack of "back up", the prison officers' perception of backup and support generally and from the environment in which they operated. The court found that the plaintiff's injury was caused by the defendant's breach of duty and awarded the plaintiff general damages of $20,000 and special damages in the sum of $22,199. The court also found that the defendant breached its duty under s.9(1) of the Workplace Health and Safety Act 1989 and awarded the plaintiff special damages of $5,959 and future economic loss damages of $40,312. The court deferred making an order for damages to give the parties the opportunity to recalculate and agree on a schedule of damages based on the court's findings.