- Arising out of employment
- Post-traumatic stress disorder
- Board Directives and Guidelines (stress, mental) (traumatic event)
The issue under appeal was whether the worker had entitlement for Traumatic Mental Stress (TMS). The worker was diagnosed with PTSD.
The appeal was denied. The standard of proof in the Board's TMS policy requires that "in all cases" that "the traumatic event(s), arose out of and in the course of the worker's employment". The Board viewed the worker's circumstances in 2018 as related to a difficult personal and romantic relationship with a co-worker of the employer, rather than a work-related mental stress injury. It was explained that although several of the reviewed incidents occurred during work hours, the events arose out of the worker's personal relationship and conflict with her co-worker. The worker's representative pointed to Decision No. 3529/18, in which non-work circumstances did not prevent a finding that work-related factors were a significant contributing factor in the development of the worker's TMS. In the Panel's view, the aggressive, threatening and disrespectful behaviour of the co-worker towards the worker revolved around the axis of their tumultuous romantic relationship. These were not seen as work-related disputes. While some of the incidents in 2018 were "in the course of the worker's employment", the Panel found that they did not arise out of her employment. These were relationship disputes that sometimes had a violent character to them. They were not related to or precipitated by work. They lacked a work-related nexus. While they sometimes occurred at work, they also did so outside of the workplace, and after work had ceased for the day. Accordingly, the presumption that the incidents arose out of the worker's employment had been rebutted. The worker had a tumultuous personal relationship with her co-worker for a number of years. Eventually both the employer and the police issued a no-contact direction between the worker and co-worker in 2018, which was not followed. It was noted that the workplace only provided an intermittent opportunity for their relationship difficulties to manifest, due to an additional opportunity for the worker and co-worker to communicate. The Panel also pointed to the long history of difficulties between the two individuals, which included several instances of significant conflict outside of the workplace.