CEO settles with former employer following unlawful dismissal

Australia’s largest Indigenous legal organisation and its now-former CEO have reached a confidential settlement, over two years after the latter was unlawfully dismissed.

Last week, the North Australian Aboriginal Justice Agency (NAAJA) issued a statement noting it had reached a settlement with Priscilla Atkins, resulting in her official resignation from the position of chief executive, which she had held since 2007.

NAAJA chairperson Theresa Roe said in a statement that both the organisation and Atkins are “pleased to have resolved this matter”, enabling both parties to “move forward”.

Roe further acknowledged that while the “legal process has been difficult”, NAAJA is confident that the settlement offers a “constructive resolution for all involved”.

The Indigenous legal organisation said the settlement terms are confidential, with both parties mutually agreeing to “not make further comment on the details of the settlement”.

This agreement follows the Federal Court’s ruling from last year, as reported by HR Leader’s sister brand, Lawyers Weekly, which determined that NAAJA had engaged in “unlawful adverse action” against its former CEO and violated the Fair Work Act 2009 on six separate occasions.

The proceedings arose in late 2022 after Atkins lodged a written complaint to the board of directors about the alleged bullying and misconduct of chief financial officer Madhur Evans.

Following this complaint, NAAJA sent a letter to Atkins’ lawyer in February 2023, indicating that it had “completely lost trust and confidence” in her ability to fulfil the responsibilities of CEO. As a result, the organisation terminated her employment immediately.

The organisation justified the termination on the alleged “bona fide” belief that Atkins had forged the signature of chairperson Colleen Rosas on her five-year renewal contract in June 2020, which saw her annual salary increased to more than $350,000.

However, Justice Natalie Charlesworth said there was “no evidence” to suggest any director was alarmed Atkins turned up to work after June 2020 on an unapproved salary and without an approved contract.

The Federal Court determined that NAAJA “unlawfully” terminated Atkins’ employment and ruled that the resolution passed in January 2023 to terminate her employment was “unlawful, invalid, and of no effect”.

In a statement issued in November 2023, the NAAJA conveyed that they “unequivocally” accepted the Federal Court’s judgment.

The organisation also expressed its sincere apologies regarding the unlawful actions taken against Atkins, stating: “NAAJA apologises without reservation to Ms Atkins for the unlawful action it took against her and the hurt, pain and suffering she endured as a result of those actions, as well as any damage suffered to Ms Atkins’ reputation by reason of NAAJA’s actions.”

Looking ahead, NAAJA has announced plans to begin the recruitment process for a new CEO shortly.