"This is the worst case (of workplace bullying) I've ever seen. This man suffered a significant psychological injury. He lost his family, he lost the ability to function in day-to-day life. It's doubtful he'll ever be able to work again."
A 46-year-old mine worker reverted to a childlike state and began calling his wife "mummy" after being threatened with sexual assault during two years of torment at the hands of workplace bullies, a court has heard.
Alfons Nooteboom, now 50, plans to sue mining giant Xstrata over his treatment by colleagues and supervisors at the Ernest Henry copper and gold mine at Cloncurry, in northwest Queensland, where he worked as a truck driver from 2002 until suffering a breakdown in November 2004.
The Industrial Magistrates Court last week found management failed to take proper action when Mr Nooteboom complained of harassment, abuse and "dangerous" practical jokes by his fellow workers, including deliberately overloading his truck.
His lawyer, Rachel Gordon, said management even took part in the abuse by encouraging him to apply for training that he was not eligible for under mine policy.
"They set him up for failure," Ms Gordon said.
"This is the worst case (of workplace bullying) I've ever seen. This man suffered a significant psychological injury. He lost his family, he lost the ability to function in day-to-day life. It's doubtful he'll ever be able to work again."
Ms Gordon said at the height of the bullying, a group of mine workers threatened to "take him out the back" and perform sex acts on her client, who reported the matter to his superiors.
He later began to exhibit signs of anxiety and withdrew from his family.
His former wife Lynette said Mr Nooteboom's personality changed in the time he worked for Xstrata.
"He lost all interest in family activities and instead just came home from work and went straight to bed," Ms Nooteboom said.
"Our two eldest children ended up leaving home to live elsewhere in the midst of their secondary studies because his behaviour became unbearable."
Mr Nooteboom lodged a WorkCover claim in November 2004 but it was rejected by workers compensation authority QComp on the grounds mine management had taken appropriate action to address the harassment at the time.
He launched an appeal and successfully fought to have the decision overturned in the Industrial Magistrates Court in Brisbane on Friday.
Ms Gordon said the ruling - that the action taken by Xstrata was not reasonable under the circumstances - meant Mr Nooteboom was entitled to workers' compensation.
It also opened the gates for him to sue the company.
The amount he is seeking is still under consideration.
Ms Gordon said her client, who had run his own painting business for 20 years before moving from Brisbane to Cloncurry to take the mining job, had lost the ability to function as an adult as a result of his treatment at work.
"He's almost reverted to a childlike state," she said.
"He has trouble doing things for himself. He's called his wife 'mummy' on occasion.
"This (legal challenge) has been an ordeal for him but he is pleased with the result.
"It's simply not good enough that mining companies allow this sort of behaviour to occur."
In a brief statement, an Xtrata spokeswoman said the company was aware of the court decision.
"We take the issue of workplace discrimination and harassment extremely seriously and we are currently reviewing the decision," she said.
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