Judgment: 2019-12-20 · Court archive

High Court awards courier €140,000 over ankle injury and workplace bullying

The court assessed damages after an order for judgment in default of appearance. It found the employer liable for an unsafe workplace and a repeated pattern of bullying.

High Court · [2019] IEHC 916

Who, what, where, when and why

Who

See the report below for the parties involved.

What

The court assessed damages after an order for judgment in default of appearance. It found the employer liable for an unsafe workplace and a repeated pattern of bullying.

Where

No place detail is included in this summary.

When

Judgment:

Why

Reasons reported in the judgment

The High Court awarded a courier €140,000 in damages after finding his employer liable for an ankle injury at its depot and for psychological harm caused by workplace bullying. The decision, delivered by Ms Justice O’Hanlon on 20 December 2019, followed an earlier order for judgment in default of appearance. The employer did not meet the claim at the damages hearing.

The High Court awarded a courier €140,000 in damages after finding his employer liable for an ankle injury at its depot and for psychological harm caused by workplace bullying. The decision, delivered by Ms Justice O’Hanlon on 20 December 2019, followed an earlier order for judgment in default of appearance. The employer did not meet the claim at the damages hearing.

The plaintiff said he fell on 17 April 2012 while stepping from a depot onto an uneven surface that was not marked as a change in level. He suffered an inversion injury to his right ankle. His general practitioner also attributed later lower-back pain to the way he moved and lifted loads to protect the injured ankle. The court found the surface was not properly delineated and that the employer had failed to provide a safe place of work.

The plaintiff also described repeated abusive and threatening treatment by a manager, including being shouted at, singled out over work, and having his pay cheque thrown at his feet. He said that, in 2013, the manager pointed a rifle with a laser sight at the back of his head while he was in a van. The judge found a pattern of repeated bullying over five years and accepted that the conduct caused foreseeable psychological injury. The general practitioner said the plaintiff had depression and anxiety, but did not meet the threshold for a post-traumatic stress disorder diagnosis; the psychological symptoms had resolved by May 2015.

The court assessed €55,000 for physical pain and suffering to date, less €5,000 because the plaintiff had not attended enough recommended physiotherapy. It awarded a further €30,000 for future ankle pain and suffering, €55,000 for psychological difficulties, and €5,000 for loss of earnings. The total award was €140,000. The judgment excerpt does not state a separate order for costs or address aggravated damages sought by the plaintiff.

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