First Nations Worker Prevails in Legal Battle Against Workplace Racism
A First Nations employee has emerged victorious in a legal battle against workplace racial abuse. The individual, who was an emergency switchboard operator at a major public hospital in the Northern Territory, sought justice after enduring severe racial abuse from colleagues. Hall Payne Lawyers, a respected legal firm, represented the worker throughout the grueling legal proceedings.
Initially, the employee’s triumph was celebrated when Hall Payne Lawyers reported a compensation win on their behalf. However, the legal journey did not end there. The Northern Territory Department of Health, responsible for the hospital, lodged two appeals—one with the Supreme Court of the Northern Territory and another with the Court of Appeal of the Northern Territory—challenging the initial ruling.
The victim, known as Mr. Noaks, an Indigenous Australian, worked at Alice Springs Hospital and was consistently subjected to racial abuse by colleagues. In a particularly cruel incident, they orchestrated an emergency telephone call, leading Mr. Noaks to believe that he had inadvertently caused the death of a woman and her unborn child.
Mr. Noaks filed a workers’ compensation claim to address the significant psychological injury he suffered due to the ongoing racial abuse and bullying in his workplace. Although his claim was accepted initially, liability was later ceased following a doctor’s opinion stating that his psychological injury was pre-existing and unrelated to the distressing racial abuse.
However, Mr. Noaks challenged this decision in the Work Health Court (NT), appealing the cease of his workers’ compensation claim. The Department, in their defense, not only argued for the cessation of his claim but also alleged that he had provided false medical information to secure the initial approval.
Following a four-day trial, the court ruled in favor of Mr. Noaks, solidifying the connection between his psychological injury and the racial abuse he endured at his workplace. Moreover, the court dismissed the Department’s allegations of fraud. As a result, Mr. Noaks was awarded compensation for the previously denied workers’ compensation benefits and a significant portion of his legal expenses, providing him with access to essential medical treatment and offering hope for rebuilding his life.
Undeterred, the Department appealed the decision to reinstate the workers’ compensation benefits, this time to the Supreme Court. However, the appellate court dismissed the appeal, stating there was no merit in the Department’s arguments. Unrelenting, the Department then took the case to the Court of Appeal, advancing the claim that the Supreme Court had erred in dismissing their appeal. Yet, the Court of Appeal also dismissed the appeal, upholding the initial ruling of the Supreme Court.
These lengthy legal proceedings have had a profound and positive impact on Mr. Noaks’ life. As a result of his victory, he is now eligible to access all the workers’ compensation benefits that were previously denied to him, with most of his legal expenses covered by his win. Hall Payne Lawyers, the legal firm that represented him, takes great pride in advocating for their client and facilitating his recovery, allowing him to forge ahead with his life.
Anyone living or working in the Northern Territory facing similar challenges is encouraged to reach out to Hall Payne Lawyers. With their experienced team of Northern Territory personal injury and compensation lawyers, they stand ready to provide expert advice, guidance, and support.
