Sunday, December 22, 2024

Former NAAJA CEO wins wrongful dismissal case against organisation in Federal Court

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The former chief executive of one of Australia’s largest Aboriginal legal aid services has successfully sued the organisation for wrongful dismissal, with the Federal Court finding she was unlawfully sacked from her position.

Priscilla Atkins commenced legal action against the North Australian Aboriginal Justice Agency (NAAJA) after her role as chief executive was terminated in early 2023.

Ms Atkins, who had been in her role since 2007, was suspended, then sacked, after raising complaints of corruption against NAAJA’s chief financial officer, Madhur Evans, with the organisation’s board of directors.

A judge on Thursday found NAAJA was in contravention of the Fair Work Act when it terminated Ms Atkins’s employment because she was entitled to make a complaint and there was “insufficient evidence” to prove the agency’s allegations against her.

As part of its defence, NAAJA alleged Ms Atkins was dismissed based on a “bona fide” belief that a signature from chairperson Colleen Rosas on her five-year contract was forged.

NAAJA has experienced ongoing instability in recent years.(ABC News: Ian Redfearn)

Ms Atkins’s contract was extended by five years on June 29, 2020, on an annual salary of more than $350,000.

However the court on Thursday found the evidence relied on by NAAJA was “insufficient” to support any allegations of forgery.

The finding comes amid a period of significant instability within the organisation.

Atkins denied procedural fairness, court finds

Following Ms Atkins’s complaint in November 2022, NAAJA suspended her employment.

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