In this episode of P.I. Case Note, personal injury lawyer Michelle Wright examines the Queensland Industrial Relations Commission’s decision in Kerr v Workers’ Compensation Regulator [2025] QIRC 190, which demonstrates how the reasonable management action psychiatric injury exclusion under section 32(5) of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) can defeat even sympathetic claims. The case involved a self-represented Miss Kerr who alleged mental distress after her manager allegedly handed her an allegations letter in a public workplace setting on 10 December 2020.
Commissioner Hartigan’s detailed analysis reveals the challenges workers face when claiming reasonable management action psychiatric injury compensation, particularly when credibility is contested. The Commission found Miss Kerr’s evidence to be “replete with misdescription and at times outright fiction,” noting she was prone to “distortion of the facts, embellishment and reconstruction of offence.” Despite listing 15 workplace stressors over a 12-month period—including rehabilitation management issues, complaint handling, and performance management—the Commission determined each constituted reasonable management action taken in a reasonable way. Notably, the Commission suspected Miss Kerr’s perception of events was influenced by her psychiatric illness, highlighting the complex interplay between mental health conditions and the ability to objectively assess workplace interactions.
Listen for Michelle Wright’s comprehensive analysis of this important reasonable management action psychiatric injury decision and its implications for workplace mental health claims. If you’re suffering from work-related psychological injuries, establishing that management action was unreasonable requires careful evidence gathering and presentation. The experienced team at accident legal understands these complex psychiatric injury claims and can help build a compelling case even when management actions appear reasonable on the surface. With over 30 years of experience across Queensland, we know how to identify and prove unreasonable management conduct. Contact us for a confidential consultation on (07) 3740 0200—we’ll help you navigate the reasonable management action exclusion and fight for the compensation you deserve.
