In a powerful ruling that will serve as a warning to employers across Queensland, the Supreme Court has awarded over $1.1 million in damages to a former payroll supervisor who suffered a serious psychological injury due to overwork and poor treatment by his employer, the Cairns Regional Council. The case of Ackers v Cairns Regional Council is a clear example of how failing to respond to an employee’s cries for help can come at a heavy cost — not just in terms of damages, but in the long-term wellbeing of the worker affected.
As personal injury lawyers, we often speak with clients who are struggling with mental injuries caused by work stress. This case confirms what we’ve long known: mental injuries are real, and employers have a legal duty to prevent them. Let’s break down what happened and what this case means for workers, and employers, across Queensland.
Ackers v Cairns Case Background: Payroll Role & Workload
Paul Ackers began working for the Council as the payroll supervisor in September 2014. His job was no small task. He was told to “fix the staff and fix the system.” As many in payroll will understand, this meant both managing a team and overhauling the way things were done. Soon after starting, Mr Ackers faced resistance from some of his team. Things took a turn for the worse when three of his staff members went on indefinite sick leave, leaving him to shoulder the growing workload on his own. Despite asking for support multiple times, Mr Ackers received none. Instead, he found himself working an extra 12 hours a week, often late into the night.
On two known occasions, he even worked overnight. To put that into context: Mr Ackers was essentially doing 1.5 jobs without backup. He was holding a collapsing payroll department together with little more than grit and determination.
Signs of Distress
As the pressure piled on, so did the toll on Mr Ackers’ mental health. Co-workers began to notice changes in his personality. His behaviour changed. His energy dropped. He became visibly distressed. In July 2015, he was stood down on medical grounds for two days. He returned on 5 July, but just four days later, he broke down in tears in front of his manager, openly admitted he was suffering from depression, disclosed he was taking medication, and again asked for help. This was a pivotal moment. The signs of serious psychological distress were plain. A reasonable employer should have responded with compassion and immediate support. Instead, things only got worse.
The Audit
While Mr Ackers was on sick leave, two members of the finance team were brought in to assist with the payroll duties. They discovered a number of errors. Importantly, many of these mistakes were not made by Mr Ackers himself, yet somehow, he was the one who got blamed. An audit was launched without his knowledge, and a report titled “Findings from Payroll Review Document” was compiled. On the back of this report, Mr Ackers was placed on a Performance Management Plan. This wasn’t just unfair, the Court later found it was “flawed and unjustified.” Instead of recognising a hardworking employee who was sinking under pressure and pleading for help, the Council launched a punitive process that only deepened Mr Ackers’ psychological injury.
Final Injury
On 23 September 2015, Mr Ackers attended a meeting where he was given a letter directing him to undergo a medical assessment due to concerns about his mental health. The following day, he saw his doctor, who issued a certificate declaring him unfit for work. He has not worked since. What started as a promising role for a senior payroll professional ended in long-term psychiatric injury, with lifelong consequences for Mr Ackers.
The Court’s Decision: Employer Breached Its Duty of Care
The Supreme Court found in favour of Mr Ackers. The Judge held that the Council had:
- Ignored repeated pleas for help;
- Continued to increase Mr Ackers’ workload despite clear signs of mental stress;
- Implemented a flawed and unfair performance process;
- Failed to take appropriate steps once the signs of psychological injury became obvious. This conduct amounted to a breach of the Council’s duty of care. In Queensland, employers have a legal duty to provide a safe workplace, this includes protecting workers from psychological harm where the risks are foreseeable.
The Court awarded Mr Ackers $1.1 million in damages, a figure reflecting both his pain and suffering and his ongoing inability to work.
What This Means for Queensland Workers
This case sends a strong message: Psychological injuries are just as serious as physical ones, and they can arise not only from sudden trauma, but also from being overworked, unsupported, and unfairly treated.
If you are experiencing:
- Unreasonable workloads,
- Lack of support from management,
- Changes in your mental health linked to work stress,
- A toxic or punishing work environment,
You may be entitled to workers compensation or even to sue your employer in negligence.
Lessons for Employers
For employers, this case is a reminder that:
- You must act when staff raise mental health concerns.
- If an employee shows signs of stress, don’t ignore it.
- Simply assuming a worker will “tough it out” is dangerous.
- Piling on extra duties without help can amount to negligence.
- Performance management must be fair, justified, and not used as a tool of punishment when someone is already struggling. The law allows employers to expect “normal fortitude” from workers, but this changes when someone is clearly exhibiting signs of harm. At that point, a greater duty of care kicks in.
Summary
The case of Paul Ackers is tragic, but it’s also a wake-up call. As personal injury lawyers, we see the hidden side of workplace injury every day, the side where stress, depression, anxiety, and burnout leave lasting scars. If this sounds like your situation, know that you are not alone, and you may have legal options. No one should suffer in silence at work. If your employer is failing to support you, or pushing you beyond your limits, speak to someone. Talk to a lawyer. Talk to your doctor. Because, as this case proves, your mental health is not just important, it’s protected by law.
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