[Australia] $1.1m damages awarded to payroll manager for foreseeable work injury

A Queensland local government employee has been awarded more than a million dollars compensation for a work injury ruled by a judge to have been caused by his employer’s negligence, Australian Payroll Association reports.

In addition, Queensland Supreme Court Justice James Henry found that the psychiatric injury suffered by former Cairns Regional Council payroll supervisor Paul Ackers was reasonably foreseeable and could have been prevented.

The judge was reportedly satisfied that the severe depression, anxiety and PTSD Mr Ackers now suffers - conditions which have also left him with a severe stutter and a tremor in his right forearm - resulted from events that took place during his employment with the council between 2014 and 2015.

Over the course of a four-week trial, the court heard that when he was appointed to the council job, Mr Ackers was instructed by the then CFO John Andrejic to “fix the staff and fix the [payroll] system”.

However, soon after he started work in the role, three staff he was supervising went on sick leave after performance issues were raised.

Repeated requests for skilled replacements to be hired were denied by his superiors and Mr Ackers’ team was left significantly under-resourced and struggling to ensure that council employees continued to receive their fortnightly pay on time.

He began to work excessive hours to manage the workload - including working overnight on several occasions - but continued to be forced to attend non-essential meetings that reportedly put him even further behind.

Despite being, on occasion, visibly distressed at work and being sent home or to consult a doctor because of concerns about his health, little changed in relation to Mr Ackers’ workload or the staff shortage.

He was blamed for payroll errors that occurred within his team and resulted in him being placed on a formal Performance Improvement Action Plan. He also received an official warning after the team members on sick leave put in complaints against him.

Mr Ackers’ mental health significantly deteriorated under the pressure until he stopped work altogether in September 2015. He has not worked since.

In awarding $1.1 million damages, Justice Henry concluded that the council had breached its duty of care towards Mr Ackers, causing his major depressive illness.

“His illness has and will continue to cause him significant loss, for which a substantial award of damages will be made,” the judge said.

Mr Ackers was reportedly emotional when he said he was “relieved” that Justice Henry had found in his favour.

“All I’ve ever wanted was for the council to be held to account for what they’ve done to me,” he said. “This decision is a vindication and shows that they were negligent.”

Mr Ackers’ lawyer, Nicola Thompson, from Slater and Gordon, said, “We are pleased Justice Henry has acknowledged that the psychological injury Paul suffered could have been prevented by his employer.

“This decision should send a strong message to all employers that they must fulfil the duty of care they have towards their employees, or they will be held to account for the physical or psychological injuries suffered.”

Source: Australian Payroll Association

(Quotes via original reporting)

A Queensland local government employee has been awarded more than a million dollars compensation for a work injury ruled by a judge to have been caused by his employer’s negligence, Australian Payroll Association reports.

In addition, Queensland Supreme Court Justice James Henry found that the psychiatric injury suffered by former Cairns Regional Council payroll supervisor Paul Ackers was reasonably foreseeable and could have been prevented.

The judge was reportedly satisfied that the severe depression, anxiety and PTSD Mr Ackers now suffers - conditions which have also left him with a severe stutter and a tremor in his right forearm - resulted from events that took place during his employment with the council between 2014 and 2015.

Over the course of a four-week trial, the court heard that when he was appointed to the council job, Mr Ackers was instructed by the then CFO John Andrejic to “fix the staff and fix the [payroll] system”.

However, soon after he started work in the role, three staff he was supervising went on sick leave after performance issues were raised.

Repeated requests for skilled replacements to be hired were denied by his superiors and Mr Ackers’ team was left significantly under-resourced and struggling to ensure that council employees continued to receive their fortnightly pay on time.

He began to work excessive hours to manage the workload - including working overnight on several occasions - but continued to be forced to attend non-essential meetings that reportedly put him even further behind.

Despite being, on occasion, visibly distressed at work and being sent home or to consult a doctor because of concerns about his health, little changed in relation to Mr Ackers’ workload or the staff shortage.

He was blamed for payroll errors that occurred within his team and resulted in him being placed on a formal Performance Improvement Action Plan. He also received an official warning after the team members on sick leave put in complaints against him.

Mr Ackers’ mental health significantly deteriorated under the pressure until he stopped work altogether in September 2015. He has not worked since.

In awarding $1.1 million damages, Justice Henry concluded that the council had breached its duty of care towards Mr Ackers, causing his major depressive illness.

“His illness has and will continue to cause him significant loss, for which a substantial award of damages will be made,” the judge said.

Mr Ackers was reportedly emotional when he said he was “relieved” that Justice Henry had found in his favour.

“All I’ve ever wanted was for the council to be held to account for what they’ve done to me,” he said. “This decision is a vindication and shows that they were negligent.”

Mr Ackers’ lawyer, Nicola Thompson, from Slater and Gordon, said, “We are pleased Justice Henry has acknowledged that the psychological injury Paul suffered could have been prevented by his employer.

“This decision should send a strong message to all employers that they must fulfil the duty of care they have towards their employees, or they will be held to account for the physical or psychological injuries suffered.”

Source: Australian Payroll Association

(Quotes via original reporting)