Paul Ackers successfully sues Cairns Regional Council for $1.1m

A former Cairns Regional Council employee has successfully sued the organisation for more than $1m in damages as a result of a psychiatric injury.

A FORMER Cairns Regional Council payroll supervisor has successfully sued the organisation for more than $1m in damages as a result of a psychiatric injury he sustained while working excessive hours in an understaffed unit before being targeted by the organisation with a performance management plan.

Paul Andrew Ackers filed a claim against his employer in November 2018 for $1.3 million in damages resulting from a psychiatric injury said to have been caused by the negligence or breach of contract by the council.

The case went to trial across 18 days in February and July this year, with Justice Jim Henry on Wednesday awarding Mr Ackers $1,099,132.69 in damages.

Justice Henry was satisfied that the severe depression, anxiety and PTSD Mr Ackers now suffers, which resulted in a severe stutter and tremor in his right forearm, were due to events that took place during his employment with the council between 2014 and 2015.

The court heard how Mr Ackers, now 51, began working for the council in September 2014 with two mandates from then-CFO John Andrejic – “to fix the staff and fix the system”.

The council was at the time using a computerised payroll system which required the payroll unit to complete a significant array of manual tasks in order for staff to be paid correctly and on time each fortnight, the court heard.

Photo of Cairns Courthouse. Picture: Brendan Radke

Mr Ackers set about making changes to the way the payroll unit operated, receiving good performance reviews in December 2014 and March 2015, the court heard.

But some of the staff were unhappy with the way things were changing and they went on sick leave after performance issues were raised.

That left the payroll unit “substantially” short-staffed for some months, the court heard.

Justice Henry observed the understaffing made it “inevitable that errors and oversight would occur in the unit’s performance”.

“The remarkable feature of this case is that when, after the end of the financial year, such errors and oversights were discovered by council it unfairly elected to blame the performance of the unit’s supervisor, Mr Ackers, rather than its own dereliction in leaving the unit inadequately staffed for a sustained period.”

The court heard how Mr Ackers began working significant amounts of overtime, including two all-nighters, to ensure council’s staff were paid on time.

Despite being visibly distressed at work on occasions, and being sent home or to see a doctor due to concerns about his health, little changed in relation to his workload or lack of staff.

He was blamed for payroll errors that occurred within his understaffed team, which resulted in him being placed on a formal Performance Improvement Action Plan.

Mr Ackers’ mental health significantly deteriorated under the pressure until he ceased work altogether in September 2015.

He has not worked since.

Justice Henry concluded that the council had breached its duty of care towards Mr Ackers, causing his major depressive illness.

“His illness has and will continue to cause him significant loss, for which a substantial award of damages will be made,” Justice Henry said.

An emotional Mr Ackers said he was “relieved” that Justice Henry had found in his favour.

“All I’ve ever wanted was for the council to be held to account for what they’ve done to me,” he said.

“This decision is a vindication and shows that they were negligent.”

His lawyer, Slater and Gordon’s Nicola Thompson said she was pleased Justice Henry acknowledged the psychiatric injury suffered by Mr Ackers could have been prevented by the council.

“This decision should send a strong message to all employers that they must fulfil the duty of care they have towards their employees, or they will be held to account for the physical or psychological injuries suffered,” she said.

Originally published as Paul Ackers successfully sues Cairns Regional Council for $1.1m