This decision concerned the plaintiff’s claim for damages for negligence and breach of duty of care against her employer arising out of bullying by co-workers following an incident which occurred at her workplace on 26th July, 2006. The issue of liability has already been determined by the court in a judgment delivered on 6th October, 2017.
http://www.courts.ie/Judgments.nsf/0/DF8D9E8DD4341687802581C6002AFD2B

The main facts of the case are set out in the earlier judgment of the High Court. The plaintiff was born on 6th October, 1964. She is married and has two children. She is 53 years old. The court in its judgment on liability was satisfied that the defendant employer was liable for the bullying and harassment which the plaintiff experienced from her co-workers in the course of her employment of which it was aware and failed to address in any meaningful way. This second judgment addresses the damages to which the plaintiff is entitled as a result of the personal injuries, loss and damage caused to her by the defendants.

The court found that the defendant was in breach of its common law duty of care to her as an employee and under s. 8 of the Safety Health and Welfare at Work Act, 2005 and exposed the plaintiff to damage and injury to her health ('moderate form of PTSD') which she suffered as a result. There are a number of issues that arose during the course of the hearing including the extent of the personal injuries suffered by the plaintiff, whether they were caused by the defendant and whether the plaintiff took steps to mitigate her losses. The court heard evidence over a number of days in relation to the personal injuries and loss of earnings allegedly suffered by the plaintiff. An award in the amount of €161,133.00 was made, including €50k for pain and suffering.

The judgement on quantum has interesting evidence from medical experts and the judge also has a number of key points in relation to compensation for pain and suffering. Particularly relevant is the ruling that a patient who does not follow medical advice may not be entitled to compensation:

" 72. I am satisfied that once the condition was diagnosed and a course of treatment commenced, a patient should follow that course of treatment as directed. A plaintiff who does not follow the regime of medication prescribed and the course of treatment ultimately directed by her consultant psychiatrist is not entitled to be compensated for pain and suffering caused by the continuation of symptoms which have not improved largely because she has failed to continue with a conservative and moderate level of treatment. I am satisfied on Dr. Morgan’s evidence that it was likely that her symptoms would have resolved if she had adhered to the treatment advised.

"73. I have concluded, therefore, the plaintiff is entitled to general damages for continuing symptoms of PTSD anxiety and depression from the date of her return to work in August 2006 for the period up to the end of 2011. I am satisfied that this is the period in respect of which compensation is appropriate following the diagnosis made by Dr. Morgan in 2008 and the course of treatment recommended by him because he anticipated that the plaintiff would make substantial progress in the three to four year period over which he treated her and perhaps within a period of two years. I am not satisfied to conclude that the plaintiff is entitled to damages for further pain and suffering beyond the end of 2011 nor is she entitled to succeed in a claim for loss of earnings beyond that date."

Taken together, these two cases are important for all employers. Employers can be held liable for an employee's bullying of a colleague, bullying can result in mental health problems and swift action should be taken by employers to rectify the situation. Employees need to follow medical advice in order to mitigate the effects of bullying on their mental health.
http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/cae19a6358ae001f802582880046c5f3?OpenDocument

NOTE: Jennifer Cashman of Ronan Daly Jermyn will be discussing Hurley v An Post live between 11.00-11.45 in our free webinar on Friday 18th May. Register here and send your questions in live. Anonymity assured:
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