[4] For completeness, we should note that the defendant also pleaded a defence of contributory negligence. For present purposes, it is not necessary to make any further reference to that plea in these reasons.

[5] Stevens v DP World Melbourne [2021] VCC 2154 ('Reasons').

[6] In these particulars, and in emails and other documents tendered at trial, Mr Clarke's name is sometimes spelt 'Clark' and other times 'Clarke'. The material does not disclose which spelling is correct. In these reasons, we will refer to this person as Mr Clarke, unless quoting from a document where his name is spelt Clark.

[12] Ground 8. Additionally, ground 9 makes complaint that the judge 'erred in relying on the plaintiff's demeanour during the course of the trial to make adverse credit findings against him'.

[45] (1959) 101 CLR 298; [1959] HCA 8.

[47] See Lee v Lee [2019] HCA 28; (2019) 266 CLR 129, 148-9 [55]; [2019] HCA 28.

[48] Paragraph (g) of the bullying and harassment particulars.

[54] The bullying and harassment particulars were dealt with by the judge at Reasons, [144]-[311] and [326]-[449] with the plaintiff's worker witnesses being dealt with at Reasons, [312]-[325].

[63] See, for example, Reasons, [333] and [347].

[64] Kozarov v State of Victoria [2022] HCA 12, [7]-[11] (Kiefel CJ and Keane J), [82]-[84] (Gordon and Stewart JJ) ('Kozarov'); Bersee v State of Victoria [2022] VSCA 231, [84]-[89] ('Bersee').

[67] As was the case in Koehler v Cerebos (Australia) Ltd (2005) 222 CLR 44; [2005] HCA 15.

[71] (1984) 155 CLR 306 ('McLean'). See also, in the context of psychiatric injury, Kozarov [2022] HCA 12, [83].

[74] Disciplinary proceedings leading to the possibility of the termination of the employment of an offending employee in an extreme case being but one example.

[75] As to which, see also Reasons, [480].