A "failure of management" by the Tax Office contributed to the depression of a Canberra man who went on to send out 28 letter bombs in 1998, the Administrative Appeals Tribunal has found. Colin Dunstan, pictured, has won up to a year's compensation.

Workplace added to bomber's depression

By David McLennan

A "failure of management" by the Australian Taxation Office contributed to the depression of a Canberra man who went on to send 28 letter bombs, the Administrative Appeals Tribunal has ruled.

After proving largely unsuccessful in a series of complaints against colleagues, including a former lover, Colin George Dunstan, now 54, posted the letter bombs in December 1998 to 28 people he felt had slighted him. One exploded at Fyshwick Mail Centre, injuring a postal worker. He was convicted in 2000 and sentenced to nine years in jail and was released from prison in January 2008.

Mr Dunstan has continued legal action over his complaints, and recently won up to a year's compensation in the Administrative Appeals Tribunal. The tribunal's decision struck out most of Mr Dunstan's claims, but upheld one.

"Comcare is liable to pay compensation to Mr Dunstan in respect of his incapacity from the aggravation of his depression in the period after January 2, 1996, and until he returned to work in December 1996. It is not clear from the evidence before the tribunal exactly what that period is, and we note that Mr Dunstan received paid leave until about September 1996."

The tribunal said Mr Dunstan was placed in an office "he thought unpleasant, and in a location removed from his immediate supervisor where he felt isolated" when he returned to work in January 1996 after several months on leave.

"His perception was that the ATO were being deliberately provocative and did not want him back at work. As a result, he was very distressed and went to see his general practitioner who provided him with a medical certificate.

"The fact that Mr Dunstan was left in limbo and was not informed about what position he would return to and where he would be located on his return from long service leave until a few days before that leave was due to expire appears to us very unsatisfactory in circumstances where it was known to the ATO that Mr Dunstan had been suffering from depression.

"Other relevant factors at this time included errors made by the personnel section in processing Mr Dunstan's sick leave applications that led to his salary being reduced before Christmas."

The tribunal said the Tax Office knew of Mr Dunstan's chronic depressive illness and the way it handled his return was "less than satisfactory and contributed in a material degree to the aggravation of his depression".

"This was . . . the result of a failure of management, albeit in difficult circumstances," it said.

It ruled Mr Dunstan suffered from chronic major depression, which began in 1991 and was associated with an office affair, but rejected claims for compensation for depression in 1991 and 1992 and for an exacerbation of his depressive disorder in 1994. The judgment outlined the affair between Mr Dunstan and a married mother that effectively sparked the grievances that led to his letter-bombing campaign. Mr Dunstan was also married with children at the time.

The judgment said the relationship with Ms X, whose name was suppressed, began in 1986. Mr Dunstan told the tribunal he tried to break off the affair, but "Ms X tried to persist with the relationship".

"Mr Dunstan's evidence is that from April to the end of October 1991 Ms X's angry, jealous demands continued, but her behaviour towards him became more sexually provocative," it said.

Mr Dunstan and Ms X each lodged grievances against each other, alleging harassment.