In 2008, Jennifer Winbank, a croupier at Casino Canberra, was the victim of two aggressive acts committed by the casino’s patrons. With a history of depression and anxiety, the employee felt that she was entitled to compensation provided by the casino operator. This week, she was awarded a $185 000 settlement. Winbank claimed that she was entitled to compensation, since the casino was aware of her pre-existing conditions.
She had been hospitalized for self-harm and had a history of suicidal tendencies, and the casino operator allowed her to be exposed to aggressive customers on a regular basis. There were two incidents in particular which left Winbank scarred. The first occurred in 2008, when a rowdy customer stole chips from her table. According to reports, the event took place a 5:15am, and the man ran out into the street with the stolen tender.
Winbank stated that she was traumatized by the event and required treatment by doctors and psychologists The second event took place later that year, shortly after she returned to work after her initial medical leave. An aggressive patron called her “a stuck up little bitch” amongst many other abusive slurs.
Master David Harper of the Supreme Court decided that the casino had been negligent with regards to Ms. Winbank’s mental health. Winbank’s representation stated that the casino operator allowed her to return to work too early for her deal with the stresses of working in a casino setting, and the judge felt that the casino could have exercised more caution.
“The risk that Ms Winbank might be involved in a confrontation with an intoxicated, aggressive and unpleasant customer when placed as an inspector on the night of the second incident was reasonably foreseeable,” states a report by CCH Australia.
Knowing that Winbank had a history of mental illness with relation to work circumstances, Harper felt that the casino operator could have found a less aggressive setting her for once she returned to work after her initial sick leave. As such, the casino operator had to assume responsibility for her subsequent medical treatment.