Transport Workers’ Union of Australia v Atkins  FCCA 1553 (18 August 2014).
The respondent sacked a heavy vehicle driver for taking carer’s leave to take his daughter to a doctor’s appointment. The respondent made threats of violence towards him, his family and his union solicitor when he instituted legal proceedings, and performed ‘burnouts’ outside the applicant’s residence.
The respondent admitted threatening the driver and the TWU solicitor who represented him, but denied threatening the driver’s family. He apologised to both the driver and the solicitor.
The Court ordered that the respondent undertake a course of treatment by a counsellor or psychologist after he admitted in cross-examination to having anger management issues.
The respondent was ordered to pay the applicant $10,000 as a pecuniary penalty.
The respondent was ordered to pay the affected employee $10,000 for non-economic loss.