A Camperdown funeral home and its director have been slapped with more than $30,000 in costs over years of "relentless" bullying.
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Stephen Lamb, the sole director of MacQueen's Funerals, and his company Slameagle PTY LTD appeared in Geelong Magistrates Court on March 25, 2024, charged with offences under the Occupational Health and Safety Act.
The company pleaded guilty and on March 27 was fined $20,000 without conviction.
Lamb was placed on a diversion plan with conditions he donate $500 to the Warrnambool Country Fire Authority, complete an accredited bullying course and be of good behaviour for 12 months.
Slameagle was also ordered to pay costs of $18,660 to WorkSafe Victoria.
Magistrate Simon Guthrie said the offending occurred over a period of time and was "prolonged, antagonised, poignant and persistent".
Referring to character references, he said one could not submit the man had a "dry sense of humour" and liked to "engage in banter".
He said Lamb took advantage of his position in "direct conflict of workplace policies in place for a very specific reason".
The court heard Lamb bullied Robert Glover and Jessica Martin between July 2016 and May 2021, creating a risk to their health and safety.
It was alleged the company did not implement policies and procedures designed to prevent such behaviours.
A WorkSafe prosecutor said the director spoke to employees in a forceful, aggressive and intimidating manner, excluded them from work-related activities and deliberately changed rosters to isolate an employee from others.
Lamb also inappropriately commented on his employee's physical appearance, as well as their relationships with others, and used belittling, degrading and offensive language.
The court heard the director told Mr Glover not to "f*** with him" because he "always wins", while Mrs Martin was told she was bad for business because no one was "dying after hours".
On another occasion he threatened to "bury" Mrs Martin's step brother.
The man also admitted sending abusive text messages and requesting Mrs Martin do unreasonable tasks, including washing his personal car or risk losing her job.
Mrs Martin told the court her 10-year journey in the funeral industry "felt like a calling" but had been irreversibly altered by the offending.
She said she suffered anxiety, isolation, sleepless nights, persistent worry and physical and emotional exhaustion.
Mrs Martin said the joy and passion she once had for her profession had been replaced with a constant feeling of darkness, and her dream of having a long and meaningful career was shattered.
"The relentless intimidation, belittlement and humiliation I faced at MacQueen's Funerals have left deep emotional scars," she said.
"Each day becoming a battle of dignity and self esteem in an environment poisoned by hostility and aggression."
Mr Glover reported to his doctor having poor sleep, nightmares and vomiting before work.
In his impact statement he said he had struggled to eat and maintain a healthy weight, had lost interest in all his hobbies and feared going into any local towns - instead driving 40 minutes just to avoid any contact or run-ins with Lamb.
A lawyer for the director said her client previously worked for a bank which was involved in a hold-up and saw Lamb held hostage in Sydney during 1984.
She said Lamb was forced into a car by armed offenders, was scraped by a bullet and witnessed a police officer shot in the head.
She said her client spent the entire day not knowing if he was going to live or die - a harrowing experience that led to untreated mental health symptoms.
Referring to a psychological report, the lawyer said Lamb did not present with a history of engaging in aggressive behaviour, or entrenched anti-social or violent attitudes.
She said her client thought he was coping but "evidently he wasn't", and had since acknowledged his behaviour was inappropriate.