In the case of Kemp v Gold Coast Hospital and Health Service [2024] QSC 259, the Supreme Court of Queensland dismissed a claim by Jamie Andrew Kemp against his employer, the Gold Coast Hospital and Health Service, for negligence resulting in psychiatric injury. Kemp alleged that his identity, as the complainant of a workplace complaint, had been disclosed, indirectly leading to harassment, intimidation, and resultant psychiatric injury. Justice Sullivan found that Kemp had a pre-existing major depressive disorder, exacerbated by his perception of hostile work environment, rather than actual disclosed identity or workplace harassment. The court determined that the hospital had not breached its duty of care, as the procedures followed were deemed adequate, and no inappropriate conduct by staff was substantiated. The Court concluded Kemp’s perceptions were influenced primarily by his untreated depressive illness and dismissed the claim.
Full text: https://www.sclqld.org.au/caselaw/150141