Court finds that school's breaches led to both employees developing PTSD
A pair of high school counsellors in New Zealand has won almost $1.8 million in damages for workplace stress after they developed post-traumatic stress disorder (PTSD) for dealing with various tragedies that befell their previous employer.
Ronald and Kathleen Cronin-Lampe, who are also husband and wife, served for more than a decade at Melville High School before their employment ended on medical grounds in 2012, according to reports.
During their time as counsellors, they were actively involved when the school suffered an "extraordinary number of traumatic events in its student body, staff and wider community over the period."
These events include current and former students dying because of suicides, a staff member attempting suicide at school, and the suicide of a student's mother after losing the dad in the same way.
Other incidents include fatal car crashes, terminal illnesses, and the murder of a former student by another ex-student, Stuff reported.
According to the pair, they provided counselling, pastoral care, ongoing risk assessments and assistance to students, as well as to staff and the wider community.
At some point, Kathleen even spent time in the hospital to accompany a student dying of a terminal illness, while Ronald conducted several of the funerals, the New Zealand Herald reported.
Stressed out, overburdened
In 1999, a former principal at the school even recalled being informed by Ronald that they were already "stressed out by what had happened up to that point; that they were overworked and overburdened; and that they were enduring a lot of pressure."
"By 2000, Mr. and Mrs. Cronin-Lampe were run down by the demands of their jobs, a lack of proper supervision, and the needs of the MHS community," the Employment Court was told.
They left at the end of 2011 and were unable to return to the school the following year and were already suffering from PTSD.
Upon their departure, the pair raised unjustified action grievances claiming the school board failed to meet health and safety obligations.
They also accused the board of failing to manage workload and workplace conditions adequately, adding that the traumatic incidents and services they rendered were hazards at work.
Employment Court's decision
After the case ran for 12 years until the Employment Court ruled this month that the pair were eligible for a total of $1,792,317 in damages for the workplace stress they suffered.
The Employment Court ruled that the MHS breached express and implied contractual health and safety duties it owed to the pair of counsellors, which led to PTSD.
"It was foreseeable that Mr and Mrs Cronin-Lampe would suffer harm of the kind which occurred if the employer did not take all practicable steps to eliminate, isolate, or minimise and monitor the hazards of their occupation," the Employment Court said in its ruling.
The couple then told NZME that they feel "great relief" following the judgment.
"School counsellors are at the chalk face of youth and adolescent mental health. We hope this judgment will pave the way for increased resources, so they have adequate support to do their work," they told the news outlet.
Commenting on the case, Association of Counsellors president Sarah Maindonald said the issue underscores the growing volume and severity of mental health cases in schools.
"Mental health services are only taking the more severe cases, leaving school guidance counsellors managing lots of medium to high risk while they are on waiting lists or referrals are declined," Maindonald told Radio New Zealand.
Melville High principal Clive Hamill told NZME that he was disappointed by the ruling. The Ministry of Education, on the other hand, said it is considering the judgment and had no comment.
