The Daily Aus Can you sue for mental harm after getting sacked?
Dec 15, 2024
A landmark ruling allows Australian employees to sue for mental harm linked to unfair dismissal, highlighting significant implications for workplace practices. The podcast recounts an employee's struggle with anxiety following a noise complaint and their subsequent termination. A major case against Vision Australia showcases the journey from a $27,000 settlement to a $1.4 million ruling, emphasizing wrongful termination's emotional toll. The discussion further explores how this legal precedent could reshape employment laws and policies, particularly for younger workers.
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Alicia's Case
- Adam Alicia, an adaptive technology consultant at Vision Australia, was fired after a noise complaint incident at a hotel.
- He sued for unfair dismissal, alleging the termination caused him mental harm and impacted his ability to work.
Vision Australia's Appeal
- Vision Australia appealed the initial ruling, arguing Alicia wasn't entitled to damages for mental harm from a breached contract.
- They also claimed his poor mental health was due to pre-existing conditions.
High Court Ruling's Impact
- The High Court's decision sets a legal precedent, allowing Australian workers to sue for damages related to psychiatric injury after unfair dismissal.
- This ruling may lead to new workplace policies prioritizing employee mental health during disciplinary actions and dismissals.