Employers are reminded in Hayes v State of Queensland[1] that is appropriate circumstances they owe a duty of care to take reasonable steps to prevent psychiatric injury to an employee. As was the situation in this case, this may extend to a duty to provide support to employees during an investigation. This duty is particularly prevalent where the effects of the investigations, like a hostile work environment, give rise to a reasonably foreseeable risk of harm occurring. Employers should also remember that support must be provided to both the complainant and the employee facing the allegations. In addition, employers should make aware to employees the support that is available to them. It may even be wise to take proactive steps to ensuring that adequate support structures are in place in the unfortunate event that a complaint needs to be investigated. Read the full article here.
[1] [2016] QCA 191.
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