High Court of Australia

Koehler v Cerebos (Australia) Ltd [2005] HCA 15

222 CLR 44; 79 ALJR 845; 214 ALR 355

6 Apr 2005

Case Number: P61/2004

Before

McHugh, Gummow, Hayne, Callinan, Heydon JJ

Catchwords

Negligence – Duty of care - Psychiatric injury - Content of an employer's duty to an employee to take reasonable care to avoid psychiatric injury - Whether employer breached its duty to provide employee with a safe system of work by failing to take the steps identified by employee - Whether reasonable person in position of employer would have foreseen the risk of psychiatric injury to the employee - Relevance of employee's agreement to perform the work which brought about her injuries - Whether the law of negligence should be developed in such a way as to inhibit the making of agreements involving more work than an industry standard.

Contract – Contract of employment - Freedom of parties to stipulate that an employee will do more work than an industry standard - Whether the law of negligence should be developed in such a way as to inhibit the making of agreements involving more work than an industry standard.

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