St Basil’s NSW/ACT has responded to a Federal Court ruling which found the aged care provider unlawfully dismissed a Chinese Australian nurse because of her race, ordering more than $346,000 in compensation.
Wei Han, also known as Casey, worked as a registered nurse at St Basil’s Lakemba facility in Sydney’s west for nine years before her termination in January 2020. The court found she was unfairly targeted and ultimately fired after raising concerns of workplace bullying and racial discrimination.
In the lead-up to her dismissal, Ms Han reported feeling unsafe and unsupported at work, alleging she was ostracised by a clique of Filipino staff and ignored by management. She sent two formal complaints to her manager in late 2019, including one on Christmas Eve detailing how co-workers allegedly refused to help her provide care to residents.
Rather than investigate her concerns, the facility instead used those emails to scrutinise Ms Han’s own professional conduct. Federal Court Justice Yaseen Shariff found that allegations she failed to deliver adequate clinical care were “based on flimsy foundations.”
The court determined Ms Han’s dismissal was racially motivated, with preference shown to workers of a different ethnicity, and ruled that St Basil’s had violated her right to raise workplace complaints.
“The conduct of St Basil’s management team caused Ms Han to suffer mental harm and financial loss,” Justice Shariff said.
In response to the ruling, St Basil’s NSW/ACT issued a statement acknowledging the court’s findings but noted that the events in question took place several years ago under different leadership.
“While we will not comment on individual legal matters, we recognise the importance of listening, learning, and continuing to evolve as an organisation,” the statement read.
St Basil’s said it has since undergone a “major transformation,” including the appointment of new leadership and significant improvements to its governance, compliance, and workplace systems.
“As discussed in the judgment, St Basil’s has also taken considerable steps ‘to ensure that there are better systems in place to guard against the risk of repeated contraventions’,” the organisation noted.
“We are proud of the genuine progress made across our homes, now fully compliant with national aged care standards, and remain deeply committed to providing a safe, inclusive, and respectful environment for every resident, staff member, and family we serve.”
According to the judgment, the managerial staff involved in Ms Han’s case are no longer employed by St Basil’s.
Source: AAP and St Basil’s NSW & ACT
