Kelly v Bon Secours Health System

Author:Ms Ailbhe Gilvarry, Lorcan Buckley and Rachel Kavanagh
Profession:Mason Hayes & Curran

[2012] IEHC 21 - Cross J. Plaintiff awarded €90k for back injuries related to a manual handing accident and psychological injuries arising out of a bullying and harassment in the workplace. Facts The Plaintiff was employed in the Defendant's hospital in Tralee. She alleged that she sustained an injury to her back while she was lifting bundles of hospital records.  She further alleged that, following that accident, she was subjected to bullying, harassment, abuse, intimidation and discrimination in the course of her employment. Judgment Cross J accepted that the Plaintiff had not been provided with any manual handling training.  He also accepted that, had the Plaintiff been properly trained, her injury would probably not have been sustained. He found the Defendant negligent and in breach of its statutory duty to the Plaintiff and awarded the Plaintiff a sum of €30,000 in respect of her back injury. In relation to the Plaintiff's allegations of bullying and harassment, Cross J accepted the Plaintiff's evidence regarding various incidents and events which has occurred after the Plaintiff's back injury was sustained and held that the conduct on the part of the Defendant in their dealing with the Plaintiff constituted "corporate bullying", which was motivated by hostility...

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