We’ve all heard it: “You just need thicker skin.” or, “It’s just part of the job.”
A recent landmark ruling by the Queensland Industrial Relations Commission (QIRC) just officially debunked that excuse.
The case: When one phone call changes everything
An engineering trainer at the Outsource Institute of Technology was left feeling “under attack” after a single, aggressive phone call from a client. This interaction, combined with a later voicemail, triggered a significant psychological injury.
When the worker sought compensation, the regulator pushed back. Their argument? The employee was “overly sensitive” and lacked the resilience to handle a standard (if unpleasant) part of the role.
The ruling: Subjective distress matters
Commissioner Samantha Pidgeon didn’t mince words. She ruled that:
– Resilience is not a defence: Whether a worker is “resilient” or “sensitive” is irrelevant.
– Subjective impact is key: What matters is that the worker found the interaction genuinely distressing.
– Pre-existing conditions don’t disqualify: Even if a worker already has anxiety, an employer is still liable if a workplace incident significantly contributes to a new or worsened injury.
Why this matters for us
This isn’t just about one engineering trainer. It’s a warning to every leader and HR professional. We have a positive duty to provide a safe workplace and that includes protection from “abusive” from third parties like clients or customers.
How we can do better
Ditch the “Resilience” Narrative: Stop asking employees to be tougher; start asking how we can make the environment safer.
Empower “Hang Up” Rights: Do your staff know they have the explicit permission to end a call if a client becomes abusive? I would ensure they do!!
Immediate Post-Incident Support: When a “bad call” happens, don’t just say “take five.” Have a formal check-in process to document the distress immediately (or check out Bloom’s new reflective supervision solution to help manage this risk).
Invest in De-escalation Training: Equip your team with the skills to handle conflict, de escalate heightened behaviours and never expect them to endure abuse.
The bottom line
A worker’s mental health is not a “robustness” test. It’s a protected right.
Let’s lead with empathy, not excuses.