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     Australian cases 3

     Bailey

Bailey v Peakhurst Bowling & Recreation Club Ltd [2009] NSWDC 284 | here

Carol Anne Bailey was employed as a casual bar steward by the Peakhurst Bowling & Recreation Club Ltd from 1998 until 2006, when at the age of 52 years old she had to cease work due to ill-health. The Club conceded that supervisor Tony Riley had subjected her to concerted workplace bullying over two years. That bullying included constant threats that she would lose her job, changing her work classification so that she lost pay and seniority, pressure to bend or break licensing rules, use of extremely vulgar language, pressure to resign her union membership, and falsely alleging a shortfall in the bar finances.

Unsurprisingly her health suffered. She took action against the Club, rather than her tormentor. The NSW District Court accepted that she had a serious chronic generalised anxiety disorder and post-traumatic stress disorder and depression. She was unlikely to fully recover and, given her age, was unlikely to return to paid employment.

She was sufficiently astute to maintain a diary over the period during which she was bullied, corroborating her other evidence. The Club admitted liability, conceding that it owed a duty of care regarding provision of a safe workplace. It also conceded that its breach was attributable to Bailey suffering an injury that resulted in a psychiatric disorder. The Court awarded $507,550 in damages, including $334,305 for future loss of earning capacity and $36,773 for future loss of superannuation.

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