Childcare Manager Psychological Injury Case

The case of Williams v Cubbyhouse Childcare NSW is an interesting case which was heard by the NSW Personal Injury Commission. It deals with a workers compensation claim by a manager under NSW law. Dina Williams (appellant) was employed by Cubbyhouse Childcare NSW Pty Ltd (respondent) as a childcare worker from 2010, progressing from being a trainee to being an area manager responsible for a number of childcare centres in Sydney and the Central Coast. She sustained primary psychological injury. The respondent accepted the appellant had suffered a work-related psychiatric condition. It said the condition was wholly or predominantly caused by action taken or proposed to be taken by the respondent with respect to performance appraisal and/or discipline and was not compensable. The issues that led to the injury related to a number of work related issues and, in particular, alleged bullying and harrasment by management. The case was referred back to the originating tribunal for redetermination on matters related to the interpretation of the legislation.