A recent internal review of Workers Compensation referrals over the last quarter has shown employers continue to grapple with the importance of Reasonable Management Action in managing behaviour and performance issues in the workplace. Whilst it is important to acknowledge the long established remarks from President Hall that 'management action does not have to be without blemish to be reasonable’ [2002] QIC 18 (23 April 2002); 170 QGIG ), it is also important to be mindful of the findings in the Kehl matter (QIC 23 (17 May 2002); 170 QGIG 93), highlighting the duty of care and higher expectations placed on managers regarding their actions where vulnerability in a staff member is known.

In the next update we will focus on the contentious issue of diagnostic threshold in establishing the presence of a 'condition'. Contact Dr Peter Stebbins on 3839 4400 for further information on Stress Claims Investigation Services.