ABSTRACT
The liability of an employer for common law damages for the workplacerelated trauma of his or her employee traditionally involves a consideration of three main areas: the employer's common law duty of care, workplace health and safety legislation and implied contractual duties, although in practice many trials proceed solely on the basis of the alleged breach of common law duty of care.1 This chapter examines these three grounds of action. There are two other possible causes of action which are options less commonly pursued in Australia and England: the employer's vicarious liability for the acts of fellow employees and intentional infliction of psychological harm. They too will be examined, albeit briefly.
