Employers have a duty of care to ensure the health and safety of their employees in the workplace. Does a Police Service have a special duty of care, given the type of work police officers are undertaking? In a couple of recent cases, the Courts have considered this question. In Paul v State of New South Wales, the Plaintiff (Mr Paul) was employed as a Police Sergeant by NSW police. During his employment, the Plaintiff was part of Strike Force Bilvo which focused on sexual assault cases. The plaintiff had experienced a marital breakdown a decade earlier and his employer was aware that he had a history of psychological issues.
In State of Victoria v Kozarov, the Plaintiff was also required to work on sexual assault cases. Ms Kozarov had no previous psychological issues.
In both cases, it was decided that the employer knew or ought to have known that their employee was at risk of psychological injuries. Both officers work in areas of their respective Police departments which exposed them to particularly difficult circumstances that could reasonably be expected to give rise to psychological issues.
In Kozarov, the court determined that when there is a risk of psychological injuries there is an onus on the employer to take reasonable measures to respond to signs of psychological injuries. Ms Kozarov suffered vicarious trauma throughout the period of her employment and her employer ought to have identified the risk of harm associated with working in that area of their department.
In Paul, it was determined that the employer had failed to intervene by actively referring the plaintiff to have psychological treatment once his injuries were known or ought to have been known. The judge also noted that in this case the employer had a system in place to deal with these kinds of situations, but had failed to implement that system. Throughout his employment, Mr Paul had sought access to the employee assistance system known as WellCheck, but access was not provided.
If an employee is likely to be exposed to traumatic issues that could give rise to psychological issues, the employer owes a duty to the employee to actively provide or refer for treatment or support, or otherwise intervene. The employer must take reasonable care to avoid psychological injury of its employees.
An employer has a duty to be aware of the risks of harm and intervene appropriately, in order to prevent injury to its employees and to provide a safe workplace.
The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.
