The appellant employee suffered a mental breakdown and sued her employer for negligent infliction of mental suffering and negligent supervision, following a period of workplace restructuring, denial of a promotion, and disciplinary actions for absenteeism.
The trial judge dismissed the action, finding the employer's actions were reasonable responses to declining performance and that the employer was unaware of the employee's mental illness.
The Court of Appeal dismissed the appeal, holding that even if a free-standing tort of negligent infliction of mental suffering exists in the employment context, the trial judge's factual findings precluded liability.
