The majority opinion said, “psychiatric injury is an illness which is a different type of damage from mere mental distress”. It noted a person’s employment “is usually one of the most important things in his or her life”.
“‘It gives not only a livelihood but an occupation, an identity and a sense of self-esteem.’ An unfair process of termination for alleged misconduct could affect all three of those interests,” the majority wrote.
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They noted “a great deal of water has passed under the bridge of Addis in the United Kingdom” in the last 100 years, indicating it had been “overtaken” by other legislation and case law that subsequently could not be “transplanted to Australia”.
Harben, a workplace relations advisor, said the law had evolved faster in the UK compared to Australia, but there may be “no good reason” for that.
“Sometimes it’s just the right case at the right time coming along with the right facts,” he said.
Vision Australia and Arnold Thomas Becker – who represented Elisha – have been contacted for comment.
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