A nursing home setting was the background to the Queensland Court of Appeal’s considerations in Eaton v Tricare (Country) Pty Limited  QCA 139.
The claimant, a former employee, succeeded in a claim in which she alleged that she developed a psychiatric illness as a result of excessive workload and the aggressive and belittling conduct of her manager.
The appellate decision included comments as to:
- The non-delegable duty of care owed by an employer to employees: 
- Long working hours were not in isolation a breach of duty: 
- It was not the legal responsibility of the employer to provide a happy workplace or one in which productivity was enhanced by polite managerial behaviour: 
- However, the harassing and belittling behaviour of the manager was a breach of duty by the employer: 
Causation of the psychiatric illness by the harassing and belittling behaviour of the manager coupled with the excessive working hours was proven.