Psychiatric injury in the workplace: an analysis under the Islamic principles and the law of torts

Ambaras Khan, Mushera Bibi and Sardar Baig, Farheen Baig (2019) Psychiatric injury in the workplace: an analysis under the Islamic principles and the law of torts. In: 3rd International Medical Law Congress, 9th-12th October 2019, Altanya, Turkey. (Unpublished)

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Abstract

In recent years, claims for damages for deliberately or negligently inflicted psychiatric illness have succeeded against employers. In the case of Mount Isa Mines v Pusey, the court decided that an employer’s duty of care towards the employees is not limited to cases of physical injury but also extended to cases of psychiatric injury. In order to claim damages for psychiatric injury, the law of torts requires the plaintiff to prove two elements: namely, reasonable forseeability and proximity. This paper examines on the two elements as required under the law in the context of psychiatric illness in the workplace. The paper analyses cases from UK, Malaysia and Australia, elaborating on how an employee can successfully bring an action against his/her employer for his/her psychiatric illness suffered at the workplace.The author employs doctrinal analysis from primary and secondary legal sources in arriving at the solutions to the above problem. This paper will significantly contribute to the existing literature by discussing the challenges faced by an employee in proving the conditions required by the law and its solutions to ensure that employee who suffered psychiatric illness in the workplace has a redress under the law of torts. This paper also considers the scenario from an Islamic perspective in order to shed light on the seriousness of the welfare of employee guaranteed by the religion.

Item Type:	Conference or Workshop Item (Invited Papers)
Additional Information:	1652/75733
Uncontrolled Keywords:	psychiatric illness, employee, law of torts, Islamic principles
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Dr Mushera Ambaras Khan
Date Deposited:	31 Oct 2019 16:57
Last Modified:	31 Oct 2019 16:58
URI:	http://irep.iium.edu.my/id/eprint/75733

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