A common topic that is often brought up in our office is regarding psychiatric injuries related to work.
It was established by Judge Clarke in Michael Maher -v- Jabil Global Services Limited, that when the Court is assessing a workplace related stress injury it will have to consider the following:-
- Is there an injury to the health of the employee, (recognised mental illness).
- Is the said injury attributable to the stress suffered at work.
- Was the harm suffered, reasonable or foreseeable in the circumstance of the case.
Foreseeability is established by looking at the characteristics of the employee, the demands the employer has placed upon them and the extent and frequency of which the employee complained to the employer.
Once all of the above is considered a Court will be able to ascertain whether it was foreseeable that the injury would have taken place.
Please get in touch if you need to discuss further: contactus@powderlysolicitors.ie