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A former NSW police officer bullied and harassed out of the job by his superior officer has been awarded almost $1,000,000.
The District Court of NSW ordered the state to pay former Detective Sergeant Ralph George $953,244 for the psychiatric injury he suffered as a result of the bullying and harassment by his superior officer, Detective Inspector (DI) Robert Duncan.
Judge John Catsanos was satisfied George’s psychiatric condition deteriorated as a result of Duncan’s conduct, turning him from what a colleague described as a “happy, gentle bloke” to someone who had great difficulty communicating with his wife and children.
“The behaviour of DI Duncan on any reasonable view of the evidence was a deliberate course of conduct by him.
“In my view, psychiatric injury to the plaintiff as a result of DI Duncan’s treatment of him was not far-fetched or fanciful but was a tangible potential consequence to be anticipated from the conduct in question,” Judge Catsanos said in his written reasons.
In 2014, about 12 years into his police career, George commenced work at the Professional Standards Command, the division that conducts investigations into police corruption and misconduct.
Around this time, George was being treated for a lower back injury he sustained in 2012 during the arrest of a suspect.
At the beginning of his tenure under Duncan, George told the District Court their working and personal relationship was “perfect”.
Things took a turn in March 2015 when a police motor vehicle was caught speeding. While there remains some confusion as to whether George or another officer was behind the wheel at the time of the incident, George told the court he paid the fine within weeks.
Duncan began communicating with George via email, no longer greeted him, and ceased friendly, “small chitchat”.
When Duncan told George he could no longer see his doctor during work hours, a meeting was arranged with a superintendent, a human resources manager, and George’s injury management officer. George said Duncan repeatedly brought up the speeding incident.
Afterwards, Duncan called a team meeting with all detectives and senior constables to inform them George would work fewer hours, no longer take on any cases, and would be an assistant to the detective senior constables, which caused George to feel “belittled”.
When George included a request to see a psychologist in an email, Duncan came up to his desk and said: “How dare you. I disagree, but you can go.” George said he was embarrassed that other people had heard and was “shaking, scared and extremely anxious”.
While on unpaid leave from NSW Police, George began working with the Australian Criminal Intelligence Commission.
However, in late 2018, his security clearance became an issue after his psychologist sought approval through the state’s workers’ compensation insurer for certain, specialised treatment.
Having spoken to his supervisor, George said he felt that if the extent of his psychiatric problems were documented, “he would never obtain another security clearance anywhere”. He then resigned.
The thought of returning to NSW Police and Duncan caused George to feel as if he were “having … a nervous breakdown”.
Judge Catsanos said it would be “too simplistic” to conclude George’s psychiatric problems were a product of his being unable to see a doctor during work hours, being prevented from using a police vehicle, or having his workload or practices restricted.
“Alone, each may potentially be regarded as unremarkable. However, they may be seen very differently when considered as components of a course of conduct,” Judge Catsanos said.
As for the refusal to attend medical appointments during work hours, Judge Catsanos was satisfied Duncan had the discretion to allow flexible arrangements and had done so with other officers.
For that reason, Judge Castanos found George was “singled out, discriminated against and treated differently to others”.
While pre-existing post-traumatic stress disorder and the ongoing effects of his back injury played a “significant role” in George’s psychiatric problems, the bullying and harassment by Duncan was found to be the “material contribution to the complex psychiatric injury which has seen him incapacitated for employment”.
The question of costs was reserved.
The case: George v State of New South Wales [2025] NSWDC 292.
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Harassment is defined as persistent behaviour or acts that intimidate, threaten, or uncomfortably affect other employees at work. Because of anti-discrimination laws and the Fair Work Act of 2009, harassment in Australia is prohibited on the basis of protected characteristics.
