QLD Sue Employer for Mental Distress Under Employment Law?

[Katrina Trussler]

Hi, I was with an employer for 9 months. I felt I had to leave because I was so stressed and got sick. I started having panic attacks which I never had before working for this company. I saw my doctor and was advised to leave for my health.

I have been out of work for 8 months and haven't been able to work because of anxiety, depression and panic attacks. I had an emotional/mental breakdown brought on by stress.

Do I have a claim for emotional distress, or similar, under employment law?

 

[Ivy]

Hi Katrina,

Can you provide some more information?

1. Were there specific events, actions or decisions that caused the mental anguish? Were you bullied?
2. Did you tell your employer about the mental anguish you were suffering? Did they know that your condition was deteriorating?
3. Did your employer know that you left due to this mental anguish?

Employers can be liable for psychiatric harm however it is a complicated area of law. You will need to see an employment lawyer for advice before taking steps to sue the company.