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Excerpt from this article first published in Human Resources Magazine, Issue 121 - 6 February 2007
An employee who has been the subject of racial taunts in the workplace can claim compensation for the mental anguish, stress and depression, according to a recent decision. The Federal Magistrates Court of Australia recently confirmed this point in Gama v Qantas Airways Ltd (No 2) (8 December 2006)
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Mr Gama was employed by Qantas as a flight maintenance engineer. He is an ethnic Goan Indian and migrated to Australia via the UK. Mr Gama worked with Qantas for over 20 years but suffered a number of injuries which lead to his absence from work. Qantas decided to sack Mr Gama after he advised that he would not be returning to work after suffering severe depression arising out of racial insults made against him in the workplace.
The Court found that Mr Gama had become depressed due to his supervisor making or failing to prevent racially insensitive comments about Mr Gama at work. At various times, Mr Gama had been called a “Bombay taxi driver”, that he should be walking up stairs like a “monkey” and that he had abused the workers’ compensation system. The Court said that these comments were made because of Mr Gama’s race and disability. Qantas was held to be liable for the actions of its supervisors and employees by failing to prevent this conduct occurring.
Mr Gama claimed damages for his mental depression. The Court awarded compensation of $40,000 to Mr Gama for pain and suffering.
Be careful in dealing with employees with mental illnesses because the Courts are prepared to hold employers legally accountable for an employer’s role.
Senior Associate
