In this episode of P.I. Case Note, personal injury lawyer Michelle Wright examines the Queensland Supreme Court’s landmark decision in Haberman v Cook Shire Council [2025] QSC 214, which establishes critical principles about an employer’s duty to protect employee reputation from third-party attacks. The case involved Miss Haberman, a council employee whose career was publicly demolished when a fabricated racist email—purportedly from her—was tabled in Queensland Parliament after the Council failed to investigate or communicate its falsity despite the simplest of inquiries revealing it as a forgery. The resulting psychiatric injuries left Miss Haberman virtually housebound and unable to work.
The Court’s comprehensive analysis extends the traditional scope of an employer’s duty to protect employee reputation beyond typical workplace boundaries. Justice Applegarth found that while employers generally have no duty to prevent third-party harm, they do have a duty to take protective steps when employees become vulnerable due to their employment. The Council’s failures were staggering: despite Miss Haberman’s emphatic denials and requests for investigation, the Council never determined the email was fabricated, never communicated this to those who possessed it, and never provided the promised independent investigator’s report. The Court found that basic IT investigation would have immediately revealed the email didn’t exist in Council systems, had discrepancies in formatting and timing, and was entirely inconsistent with Miss Haberman’s actual conduct. The Council’s negligence in allowing this fabricated evidence to reach Parliament—where it was tabled by an MP—was found to be the direct cause of Miss Haberman’s devastating psychiatric injury, resulting in damages of almost $2.36 million.
Listen for Michelle Wright’s comprehensive analysis of this groundbreaking decision on the employer’s duty to protect employee reputation and its implications for all employers. If you’ve suffered psychological injuries from false allegations that your employer failed to investigate or address, the experienced team at accident legal understands these complex duty of care issues. With over 30 years of experience across Queensland, we know how to establish when employers have breached their fundamental obligation to protect employees from foreseeable harm to their reputation and mental health. Contact us for a free consultation on (07) 3740 0200—we’ll help you pursue justice when employers fail in their protective duties.
