A Tax Office public servant has won workers' compensation for mental damage he suffered when his boss told him she was used to managing "people like you".
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The case in the Administrative Appeals Tribunal has revealed the tensions behind the scenes as ATO technicians struggled at its Brisbane offices to ready the new E-tax for Mac software in time for Tax Time 2013.
At one point one public servant was told he was endangering the whole E-tax project by not carrying out enough defect tests each day.
Thompson Francis will be compensated for the anxiety and depression he said was caused by workplace bullying and harassment as he and his colleagues were pressured by bosses to iron-out bugs in the system.
His claim was initially rejected by federal workplace insurer Comcare and the ATO, which argued that its treatment of its employee was "reasonable administrative action taken in a reasonable manner".
Mr Francis took his case to the AAT, which heard the flashpoint came at a meeting in late 2012 when his boss Danielle Welsh demanded to know why he had not completed the number of defect tests she had assigned him.
That is when Ms Welsh told Mr Francis she had 25 years of experience managing "people like you".
Although the Tribunal accepted Ms Welsh's explanation for the remark, that she was referring to IT professionals with Mr Francis's level of experience, a witness to the exchange told of how he looked hurt by the comment.
After the meeting, Ms Welsh sent Mr Francis an email outlining her expectations of his performance.
"You have not completed all of the required test scripts and have done none of the defect management," Ms Welsh's email read.
"This has put the project at risk.
"You are required to complete the allocated test scripts
"You will send me an email confirming that you have completed all of the tasks allocated to you.
"You will also ensure that all of your work is up to date before you go on leave."
Mr Francis protested in response that his background was as a business analyst, not a professional tester and he was doing his best with complex and lengthy test scripts.
"I have followed instructions and done my testing tasks to the best of my ability," he wrote. "I don't understand why you are trying to victimise me like this and accuse me of putting the project at risk.
"I am extremely distressed by these developments this morning and don't understand what I did wrong to deserve this.
"I have put my heart and soul to the work that I did in this team for the last 4 years and I certainly don't like to be treated like this.
"I certainly don't like to be insulted like this."
Mr Francis went on sick leave the next day, diagnosed with "work related stress causing anxiety depression" and when he got back to work requested a transfer to another section.
After hearing the evidence, Tribunal Deputy President Peter McDermott concluded Mr Francis should be compensated and rejected the ATO's claims of "reasonable action."
Dr McDermott wrote that he was concerned about the "managing people like you" comment.
"Even if there had been a 'reasonable administrative action ... in respect of the employee's employment', which I do not believe to have been the case, that action was not 'taken in a reasonable manner' by making such a comment to the applicant," Dr McDermott wrote.
