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Workplace Stress: Virtual Client Case

Below is a virtual case, similar to many Employment Law type cases that we are currently undertaking at Malcomson Law. This article is fictional and real names are not used. This article is for information purposes only and does not constitute legal advice.

Background Information
Name: Joan Murphy
Age: 39
Occupation: Shift Manager

Joans Story
Joan was initially employed as a supervisor on a production line in a local factory. Due to rapid expansion, the workload dramatically increased and Joan was promoted to the position of shift manager. She did not receive any training for her new position. Also, the company did not hire new staff and Joan's workload and targets substantially increased.

Joan began to suffer from stress leading to her consulting a GP and taking time off work. Her employers were made aware of this. They indicated that the situation was temporary and they would provide her with training and increase staff numbers soon.
This did not happen and Joan continued to suffer from stress and eventually had a nervous breakdown and left her job. She has not yet secured a new job.

Advice Sought
Joan Murphy attended the Malcomson Law office to seek advice in relation to taking a claim in relation to both losing her job and the psychological injuries suffered.

Advice provided by Malcomson Law
Joan was advised that under the Safety, Health and Welfare at Work Act 2005, an employer is under a duty of care not to cause an employee psychiatric illness by reason of the volume or character of the work required to be performed by the employee. If an employer becomes aware that an employee is suffering from stress, then the employer is under a duty of care to take the necessary steps to remedy the symptoms of stress.

Remedies Available
Joan would be entitled to issue in two sets of proceedings:

1. A personal injury action before the High Court. Damages will include general damages for pain and suffering and special damages for loss of earnings and out of pocket expenses. Such a case must be taken within two years of the date of knowledge of the injury;
2. A claim for constructive dismissal before the Employment Appeals Tribunal. The remedy includes re-instatement, re-engagement or compensation. Compensation is limited to a maximum of 104 weeks gross entitlement and may only be calculated on the basis of actual loss incurred by the Joan as a result of the dismissal. As Joan has not secured a new job, she continues to suffer from a loss of earnings. However, Joan would be advised that she has a duty to mitigate her loss. A claim for constructive dismissal must be taken within 6 months from the date of dismissal.

Proofs Required
Joan was advised that she would have to show:

• Evidence of the damage suffered and the extent of that damage. This must be over and above ordinary occupational stress. Joan's medical records and an expert report from a clinical psychologist/psychiatrist would be required;
• A clear causal link between the damage suffered and Joan's conditions of work. Objective expert evidence would be required before a conclusion could be reached on whether the workload was unreasonable;
• That the damage suffered by Joan was foreseeable by her employer. This would be satisfied by establishing that Joan discussed her situation with her employers and requested that her work conditions be improved.
• In a constructive dismissal claim, it would need to be established that it was reasonable for Joan to terminate her contract of employment due to the conduct of her employer.

Please note that this article is for information purposes only and does not constitute legal advice.

Seeking Employment Law Advice

If you would like to set up a consultation with an Employment Law Solicitor please contact Malcomson Law by calling 01 8744422.

Rose Wall

This news section contains stories of interest from publicly available news sources. Where we are representing the clients referred to in the news material we will say so. Where we do not represent individuals or bodies mentioned or quoted, the inclusion of the news story in our news section is not intended nor should it be taken to imply that we act for the individual or body concerned.