Facts
- A social worker becoming stressed requested an assistant following leave due to stress
- The social worker returned on the understanding that an assistant would be provided
- The assistant was only occasionally provided
- The social worker suffered a second mental breakdown, and had to retire
Issue
- Could the social worker recover for loss of earnings
Decision
- Recovery allowed
Reasoning
- An employer owes a duty of care to their employees to take reasonable steps to protect employees from foreseeable risks to mental health
