Tort Law

Koehler v Cerebos (2005) 214 CLR 335

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Facts
  • Koehler was given a job merchandising between many stores
  • She complained many times in writing and orally that the job was too much for her (but never stated it interfered with her health)
  • Eventually she saw a doctor and was diagnosed with a psychiatric condition
Issue
  • Could the employer be held responsible?
Held
  • No, it was not reasonable foreseeable for the workplace to think that she would get a psychiatric injury
  • It is normal for employers to give employees a lot of work and them to accept it, indicating they are able to do it
  • Cerebos was not aware of any particular susceptibility to nervous shock

-- Download Koehler v Cerebos (2005) 214 CLR 335 as PDF --


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