New Zealand Employment Law Reports
Volume 20 Part 4 is now available online.
Cronin-Lampe v The Board of Trustees of Melville High School (No 2) — (2023) 20 NZELR 236
Contracts of employment — Implied terms — Health and safety terms — Terms implied by common law — Terms implied by Health and Safety in Employment Act 1992 — Terms implied by Secondary Teachers’ Collective Agreement — Nature and extent of duties and responsibilities owed by employer to employee with respect to exposure to mental harm in employment — Developing understanding of risk posed by such exposure — Developing nature and extent of such duties and responsibilities — Plaintiffs employed by respondent to work as counsellors — School community suffered 32 deaths involving suicide, tragedy or illness — Plaintiffs developed post-traumatic stress disorder — Respondent failed to perform duties and responsibilities by identifying and managing risk of such mental harm — Respondent breached implied terms.
Personal grievances — Disadvantage — Plaintiffs were vulnerable employees in circumstances — Plaintiffs’ employment, or conditions of employment, affected by respondent’s actions (or multiple failures to act) — Fair and reasonable employer expected to take steps to check in and reassure itself of employees’ wellbeing — Obligation extended to new manager who was not present during traumatic events and unaware of them and how they might have affected employees — Employment Relations Act 2000, s 103.
Accident compensation — Proceedings for damages arising out of injury covered by Act — Statutory bar — Cover for work-related mental injury — Mental injury caused by single event — Meaning of “event” — Meaning of “sudden” — Meaning of “direct outcome” — Accident Compensation Act 2001, ss 21B and 317.
Damages — Compensatory damages — Proper approach — Relationship between available award at common law and under Employment Relations Act 2000 — Plaintiffs to be awarded higher amount.
Damages — Economic loss — Proper approach — Lost remuneration — Superannuation loss — Claim for interest as damages.
Damages — Economic loss — Contribution by plaintiffs — Plaintiffs failed to inform employer of impacts of circumstances on them timeously — Damages award reduced by five per cent.
Damages — Exemplary damages — Proper approach — Not available in cases of mere negligence.
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