Psychiatric injury in the workplace: an analysis under the Islamic principles and the law of torts
In recent years, claims for damages for deliberately or negligently inflicted psychiatric illness have succeeded against employers. In the case of Mount Isa Mines v Pusey, the court decided that an employer’s duty of care towards the employees is not limited to cases of physical injury but also...
| Main Authors: | , |
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| Format: | Conference or Workshop Item |
| Language: | English English |
| Published: |
2019
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/75733/ http://irep.iium.edu.my/75733/ http://irep.iium.edu.my/75733/18/75733%20certificate%20and%20schedule.pdf http://irep.iium.edu.my/75733/3/75733%20%20Psychiatric%20injury.pdf |
| Summary: | In recent years, claims for damages for deliberately or negligently inflicted
psychiatric illness have succeeded against employers. In the case of Mount
Isa Mines v Pusey, the court decided that an employer’s duty of care
towards the employees is not limited to cases of physical injury but also
extended to cases of psychiatric injury. In order to claim damages for
psychiatric injury, the law of torts requires the plaintiff to prove two
elements: namely, reasonable forseeability and proximity. This paper
examines on the two elements as required under the law in the context of
psychiatric illness in the workplace. The paper analyses cases from UK,
Malaysia and Australia, elaborating on how an employee can successfully
bring an action against his/her employer for his/her psychiatric illness
suffered at the workplace.The author employs doctrinal analysis from
primary and secondary legal sources in arriving at the solutions to the
above problem. This paper will significantly contribute to the existing
literature by discussing the challenges faced by an employee in proving the
conditions required by the law and its solutions to ensure that employee who
suffered psychiatric illness in the workplace has a redress under the law of
torts. This paper also considers the scenario from an Islamic perspective in
order to shed light on the seriousness of the welfare of employee guaranteed
by the religion. |
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