A worker for the Specialist Sex Offences Unit of the Victorian Office of Public Prosecutions regularly interacted with victims of trauma and was exposed to evidence of trauma.
She was diagnosed with post-traumatic stress disorder and secondary major depressive disorder from vicarious trauma suffered while at work. The worker sued the employer, alleging they failed to prevent her from developing a workplace injury.
In February 2020, the Supreme Court of Victoria ruled in favour of the worker’s claim. Yet, the employer successfully appealed the original judgment in November 2020.
In April 2022, the High Court of Australia ruled in favour of the worker, overruling the Court of Appeal’s decision. The original order of the Supreme Court of Victoria was reinstated in the worker’s favour.
The decision
The decision is a reminder that employers must provide a safe system of work and take steps to reduce or avoid likely physical and mental risks. Regular risk assessments address the variables of each workplace, role, and unique risks to be mitigated as part of the employer’s duty of care.
The work, in this case, was intrinsically risky, requiring the employer to take appropriate steps to reduce the risk to its employees.
A question for employers to consider is whether employees’ roles or work have an intrinsic risk of mental or physical injury from the worker doing their role.
Read the judgment: Kozarov v State of Victoria [2022] HCA 12
Siobhann Provost
Senior Writer, My Business
Siobhann has over 18 years human resources business partnering experience in large organisations. She more recently established and led a people advice team of senior workplace advisors before moving into content writing.
