Blog Layout

Claiming for Workplace Stress & Anxiety

Introduction


Workplace stress can lead to long-term psychological damage, resulting in employees resigning due to intolerable working conditions. In such cases, employees may file a complaint with the Workplace Relations Commission (WRC) for unfair constructive dismissal, which often falls short in compensating the total damages suffered. In cases of recognized psychiatric or psychological injuries, employees should file personal injuries claims alongside employment law proceedings.


Bringing a Claim for Workplace Stress & Anxiety



Psychological damage is difficult to measure and quantify, making it difficult for assessors to determine its impact. The Personal Injuries Guidelines were established by the Judicial Council in 2021 under the Judicial Council Act 2019 to identify appropriate levels of damages for different forms of personal injuries. The guidelines aim to enhance understanding of the evaluation and allocation of compensation for personal injuries to achieve more uniformity in awards.


Factors Considered for Workplace Stress & Anxiety Compensation


Trial judges should prioritize the principles of the Court's jurisdiction when awarding general damages, ensuring they are equitable and fair to both the claimant and defendant. Awards should be commensurate with the injuries sustained and consistent with awards typically granted in cases involving injuries of varying severity. Recovery is only allowed for identifiable psychological impairment in the absence of physical harm, and instances of anger, sorrow, sadness, disappointment, and humiliation do not warrant compensation.


Compensation for Workplace Stress & Anxiety Claims


There are four categories of psychiatric damage: severe psychiatric damage (€80,000-€170,000), serious psychiatric damage (€40,000-€80,000), moderate psychiatric damage (€15,000-€40,000), and minor psychiatric damage (€500-€15,000.


In severe cases, compensation may be between €80,000-170,000, while in moderate cases, compensation may be between €15,000-€40,000.


In minor cases, compensation may be between €500-€15,000.


Post-Traumatic Stress Disorder (PTSD) can be classified into four categories: severe PTSD, serious PTSD, moderate PTSD, and minor PTSD.


Severe PTSD can result in compensation of €60,000-€120,000, serious PTSD between €35,000-€80,000, moderate PTSD between €10,000-€35,000.


Minor PTSD can result in compensation of €500-€10,000, with symptoms resolving within two years.


These cases involve a reactive mental disease that occurs after experiencing or witnessing a terrible incident, leading to psychological trauma.


Conclusion


Each case is different and awards may vary. Please speak to one of our solicitors by emailing contact@crushell.ie.


Share

Remote work laws in Ireland

Remote Work Complaints Before the Workplace Relations Commission

by RG343171 • 16 Aug, 2024
The case of Aline Karabko v TikTok Technology Ltd (ADJ-00051600) examines the obligations employers have, under Irish law, when a request for remote work is made by an employee. As the law in Ireland currently stands, there is no right to remote work per se. This may be overcome when an individual has been guaranteed remote work in their contract of employment or remote work has been determined to constitute a reasonable accommodation in accordance with relevant employment legislation, where applicable. However, none of these exceptions applied in the present case.
Section 18 of the Parental Leave Act

Force Majeure Leave and Parental Leave Rights

09 Aug, 2024
The case of Dean Hart v Komfort Kare (ADJ00051923) examines the circumstances under which a request for time off, by a parent, from their employer, must be given due consideration. Dean Hart (the Complainant) brought a complaint under Section 18 of the Parental Leave Act 1998 against Komfort Kare (the Respondent) to the Workplace Relations Commission (WRC), alleging that they denied him the right to take force majeure despite extenuating circumstances.
Constructive Dismissal and Sexual Harassment

Constructive Dismissal and Harassment in the Workplace

31 Jul, 2024
The case of Care Worker v Costern Unlimited Company (ADJ00046268) examines the circumstances under which it will be deemed reasonable for an employee to resign and bring a claim of unfair dismissal by way of constructive dismissal on foot of a failure of their employer to properly investigate their complaints.
Payment of notice pay after probation

Payment in Lieu of Notice during Probation

06 Jun, 2024
The case of Eric Bentley v Carcharger EV Limited (ADJ00050468) examines the circumstances under which an employee will be entitled to a payment in lieu of notice if dismissed during their probationary period. This is a very interesting case, as it was brought under the payment of wages provisions, but decided upon under notice legislation.
Interview discrimination

Discrimination Claims and the Burden of Proof

05 Jun, 2024
The case of A Job Applicant v A Public Body (ADJ00049321) examines the burden of proof in discrimination claims, particularly when discrimination is being claimed at the interview stage.
The Burden of Proof in Constructive Dismissal Claims in Ireland

Burden of Proof in Constructive Dismissal Claims

03 Jun, 2024
The case of Mark Lowry v JJ Fleming and Company Limited (ADJ00036677) examines the burden of proof issues that often arise in constructive dismissal claims. Uniquely, the employer offered no substantive evidence to support their case, yet won, highlighting the very difficult hurdles an employee often faces in bringing an unfair dismissal claim following their resignation.
Show More
Share by: