By Steve Butcher
Four men responsible for the relentless bullying of a teenage waitress - who later killed herself - were today convicted and fined a total of $115,000.
MAP Foundation, the company that runs Cafe Vamp in Hawthorn, was convicted and fined $220,000 after it and the four defendants pleaded guilty in the Melbourne Magistrates Court to failing to take reasonable care for the health and safety of persons.
The charges were issued by WorkSafe Victoria.
Magistrate Peter Lauritsen ordered cafe owner Marc Luis Da Cruz, 43, manager Nicholas Smallwood, 26, Rhys MacAlpine, 28, and Gabriel Toomey, 23, and MAP Foundation to pay a total of $335,000.
Brodie Panlock, right, and the men convicted and fined for their relentless bullying, clockwise from top left: Marc Luis Da Cruz, Nicholas Smallwood, Rhys MacAlpine and Gabriel Toomey.
Mr Lauritsen, who described the atmosphere at the cafe as almost ‘‘poisonous’’, said the bullying of Brodie Panlock, 19, was ‘‘persistent and vicious’’.
He said the acts of the defendants carried a high risk of serious injury and their culpability was far too significant to warrant non-convictions.
Mr Lauritsen accepted their pleas of guilty exhibited remorse and the penalties would be discounted because of them.
A coroner last year implicated MacAlpine and Da Cruz, his company and two other former employees in the physical and emotional bullying of Ms Panlock at Cafe Vamp between 2005 and 2006.
Coroner Peter White found she was treated in an "extremely aggressive and intimidating" manner at the Glenferrie Road business.
On the evidence of a former workmate, Mr White described Smallwood and MacAlpine as "relentless in their efforts to demean her".
Ms Panlock, described at the inquest by a co-worker as chirpy and compassionate, killed herself in September 2006.
Outside the court, Ms Panlock’s mother Rae, who had been unaware of the bullying, described her daughter as a ‘‘beautiful girl who was full of compassion’’.
‘‘She was my little ray of sunshine, a very pretty girl, and the things that they said about her ... What can you say? It just breaks your heart.
‘‘As far as I’m concerned they drove her to the edge and they pushed her over - as far as I’m concerned they should be in jail.’’
Ms Panlock’s father Damien said the law should be changed to include a custodial sentence.
‘‘Change the law,’’ he told reporters.
The acting executive director of WorkSafe Victoria, Stan Krpan, said the sentences send a clear message to the community that workplace bullying should not be tolerated.
‘‘The offending in this case was of the most serious nature, the most serious category of offending,’’ Mr Krpan said.
‘‘The culpability was high, the culture at this workplace was vicious and was not acceptable.’’
* Support is available for anyone who may be distressed by calling SANE Helpline 1800 18 7263; Lifeline 131 114; Salvo Crisis Line 9331 2000; beyondblue 1300 22 46 36.