A council worker is suing her employer and two co-workers for racial discrimination during a one-year period that included her being allegedly called a "black slave" and being told not to "burn the patrons your colour" in her additional role as a fire warden.
In documents filed in the ACT registry of the Federal Court, the Queanbeyan-Palerang Regional Council employee alleges that she was subjected to six incidents of discrimination during 2020 that left her offended, humiliated, embarrassed and ashamed.
She began full-time employment with the council about February of that year at the Queanbeyan Performing Arts Centre.
During an office meeting among three staff on the day before Christmas in 2020, one allegedly referred to the plaintiff as a "black slave".
Two months prior, the same trio met to discuss a work project when the plaintiff was allegedly told words to the effect of "you shouldn't be using black people because you are trying to say something".
About the same period, the plaintiff agreed to be a fire warden and asked for help from a colleague, who allegedly responded with words to the effect of "yeah, that's fine, we will support you, but as long as you don't burn the patrons your colour".
In another incident, a colleague allegedly held a piece of paper with the words "Shut up mole" written on it towards the plaintiff.
During a period of about three months that year, one colleague allegedly tugged the plaintiff's hair four times to see if it were real.
She also allegedly said words to the effect of "you need to have all the lights on" when the trio and other employees were making a Christmas video at the arts centre.
In the plaintiff's court documents, she alleges the respondents' actions breached the Racial Discrimination Act 1975 because the actions, among other reasons, involved a distinction, exclusion, restriction or preference in that they were made to her and not to other employees.
She is seeking damages for the offence, humiliation, distress, anxiety, depression and mental harm.
Her relief claim also relates to the loss of income and other benefits and to the damage to personal and professional reputation.
The plaintiff lodged a formal complaint with the council in February 2021 before taking sick leave and has not returned to work.
Her compensation claim made with the council was provisionally accepted before the latter allegedly sought, or otherwise caused, the claim to be reviewed by her insurer.
The council in its defence statement denies the allegations, saying the plaintiff in the December 2020 conversation said words to the effect of "I am leaving now, I am going to slave away for three hours".
It says the plaintiff was the one who wrote "SHUT UP mole" on a piece of paper and that the other two colleagues called each other "moles" as a term of affection or endearment.
The term was a reference to Kylie Mole, a character from a 1980s comedy television series, the defence statement reads.
The council argues that the plaintiff was then shown a YouTube clip of Ms Mole and told that that was the reference.
It denies that the plaintiff was told not to use black people in marketing material and that such material about the centre features people of various ethnicities, ages and genders.
It also denies the fire warden and Christmas video lighting incidents.
The council argues that in relation to the latter, only the safety lights were on at the time, which provided limited or poor lighting, and that all participants were told to stand in specific locations.
It denies causing the plaintiff's compensation claim to be reviewed and said the claim was denied on May 25.
The respondents deny that they breached the relevant act and that the plaintiff suffered loss and damage.
The plaintiff initially lodged a complaint in 2021 with the Australian Human Rights Commission. The case returns to court on October 10.
