Under the existing law, certain workplace psychological injuries are not compensable where they have arisen from a limited range of ‘management action’.
The drafting of the current exclusion for these injuries has been the subject of much criticism, and is perceived as producing inconsistent outcomes. Accordingly the Hanks Report recognised that this provision needed redrafting and clarification.
Mr Hanks proposed three general areas of reform to the management and acceptance of work related stress claims. He proposed that:
•a conciliation process be established to require employers to proactively meet with employees prior to the acceptance of any ‘stress claim’
•the operation of the reasonable management exclusion be clarified, and
•the definition of ‘management action’ be updated to reflect contemporary management practices and to address anomalies in recent case law.
WCV's: When will we see these clarifications from Mr Holding?
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