A Queensland security guard launched a tirade of abuse against a wheelchair-bound WorkCover assessor, telling him to kill himself, after a bullying claim for anxiety and depression was denied.
Mackay Magistrates Court on Thursday heard Grant Michael Lewis had been working at Dalrymple Bay Coal Terminal when he was bullied and went on unpaid leave in August 2022.
Barrister Joseph Morris, instructed by McKay Solicitors, said Lewis then filed a WorkCover claim for psychiatric injury, anxiety and depression.
An assessor from Corporate Protection Australia denied the claim and a subsequent review into the matter backed the original ruling.
The court heard that even though the assessment had found workplace bullying was a “significant contributing factor” to Lewis’ depression and anxiety, DBCT supervisors had taken reasonable actions.
When Lewis learned his claim was rejected in October, he unleashed two months of stalking laden with profanity and threats towards both the assessor and the CEO of CPA, causing them to feel intimidated, harassed, stressed and fearful for their families’ safety.
Lewis’ mother, who was in court for support, clutched her rosary beads and lowered her head as she listened to police prosecutor Lennon Stathoulis detail some of her son’s abuse.
Mr Stathoulis said Lewis, then 47, sent dozens of voicemails and emails to his victims, demanding they change their assessment and give him $10,000.
Mr Stathoulis said Lewis called the assessor – who used a wheelchair – a “crippled c–t”, “spastic”, “inbred”, and “f–king retard”, and told him to jam a gun down his throat and pull the trigger, or ask his mum or dad to kill him.
Lewis also made violent threats to the CEO, telling him to “wake up to yourself c–t”, asking “would you rather me snap and crack your skull?”, and querying why he would hire a “bottom feeder” like the assessor.
Mr Stathoulis said a CPA company lawyer warned Lewis that if he continued his behaviour, it could constitute an offence.
This was met with a further 13 emails from Lewis to the assessor demanding he come through with the money or he would “1000 per cent ramp up and there’s not a thing anyone can do to me.”
DBCT terminated Lewis’ employment in December.
Mr Morris said without an income, Lewis struggled to make home loan repayments and was “under a great deal of stress”.
He eventually managed to find work as a hotel night auditor but at $300 less per week compared to his security role.
The court heard Lewis filed an unfair dismissal claim against DBCT and won an undisclosed amount on January 18, after which the abuse stopped.
A week later, police executed a search warrant at Lewis’ home and seized his phone which revealed the extent of his actions.
Magistrate Bronwyn Hartigan said Lewis was clearly “having some sort of mental breakdown” that was out of character in contrast to what his personal and professional references said.
She also queried why it took Lewis three months after learning the claim was unsuccessful for him to seek psychological help.
Mr Morris said if Lewis had engaged in legal advice earlier, the offending may not have arisen.
Ms Hartigan said she took into account Lewis’ guilty pleas to using a carriage service to menace, harass or cause offence, as well as two counts of stalking, and his apology letter which showed remorse.
For the stalking offences, she sentenced him to 18 months’ probation during which he must engage with a psychiatrist. Convictions were not recorded.
For the carriage service offence, he was put on a $2000 two-year good behaviour bond. Ms Hartigan said law stipulations gave her no choice but to record a conviction for the charge. Lewis will still be eligible to reapply for a security licence.
Ms Hartigan further granted Mr Stathoulis’ request for a restraining order to give the victims comfort. Lewis cannot approach within 100m of his victims or their residences, and must not solicit someone to contact them.