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The ‘reasonable management action’ exception in workers’ compensation claims in Tasmania: an analysis of published decisions
Citation
Rundle, O and Woods, M and Michaelson, L, The reasonable management action' exception in workers' compensation claims in Tasmania: an analysis of published decisions, University of Tasmania Law Review, 38, (2) pp. 60-87. ISSN 0082-2108 (2019) [Refereed Article]
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Copyright Statement
Copyright 2019 the authors
Official URL: https://www.utas.edu.au/law/research/university-of...
Abstract
Workers who suffer a work-related psychological injury are generally entitled
to claim no-fault workers’ compensation, except where an injury was
substantially caused by ‘reasonable management action.’ Workers should
expect to be safe from psychological injury at work. Employers want to be able
to effectively manage both their employees and the risk that managerial action
could cause an employee distress. The exception protects employers from a
category of claims for workers’ compensation, thereby reducing the financial
risks of workplace management that causes psychological injury to workers.
However, this means that what ‘reasonable management action’ means is
central to the determination of a worker’s entitlement to compensation (where
managerial action has contributed to their injury). The need to evaluate
management behaviour within context and taking into account all of the
surrounding circumstances, makes it difficult to define with certainty. This
article focuses on published Tasmanian cases about ‘reasonable management
action’ in psychological injury cases, to see how determinations by courts and
tribunals have shed light upon the legal meaning of the exceptions. The article
explains how the published decisions were identified by the authors. It then
explains what the case law illustrates about actions that are capable of being
‘reasonable management action.’ We focus in particular on how multiple
causes of psychological injury are weighed, given that there is rarely a single
cause of a psychological injury, and what decision makers have said when
assessing reasonableness.
Item Details
Item Type: | Refereed Article |
---|---|
Keywords: | psychological injury, workers compensation, exceptions, management action |
Research Division: | Law and Legal Studies |
Research Group: | Commercial law |
Research Field: | Labour law |
Objective Division: | Economic Framework |
Objective Group: | Management and productivity |
Objective Field: | Industrial relations |
UTAS Author: | Rundle, O (Dr Olivia Rundle) |
UTAS Author: | Woods, M (Dr Megan Woods) |
UTAS Author: | Michaelson, L (Ms Laura Michaelson) |
ID Code: | 141222 |
Year Published: | 2019 |
Deposited By: | Law |
Deposited On: | 2020-10-05 |
Last Modified: | 2020-11-26 |
Downloads: | 12 View Download Statistics |
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