NSW Nurse Awarded $40,000 After 'Darth Vader' Remark by Colleague
A New South Wales nurse has been awarded nearly $40,000 in compensation after a colleague likened her to the iconic Star Wars villain, Darth Vader. The Fair Work Commission ruled in favour of Sarah Rooke, who claimed the comparison, made on August 18, 2021, created a hostile work environment and left her feeling ostracised and “unpopular.”
The case, heard in the Fair Work Commission, highlights the potential for seemingly innocuous comments to have a significant impact on workplace wellbeing and the importance of respectful communication in healthcare settings. Rooke, a registered nurse, alleged the remark was made by a senior colleague during a shift at a Sydney hospital. While the specific details of the context surrounding the comment remain somewhat unclear, Rooke testified that she felt deeply hurt and isolated by the comparison.
The Commission acknowledged that while the comment itself might not be considered overtly offensive to everyone, it had a demonstrably negative impact on Rooke. Commissioner Jennifer Hamel noted that Rooke’s distress was genuine and that the comparison, particularly within a professional setting, was inappropriate and contributed to a feeling of alienation.
“Ms. Rooke’s evidence was that she felt unpopular and that the comparison to Darth Vader made her feel like an outsider,” Commissioner Hamel stated in her ruling. “While the comparison may seem trivial to some, it is clear that it had a significant and detrimental impact on Ms. Rooke’s emotional wellbeing.”
The hospital initially rejected Rooke's complaint, arguing that the comment wasn't serious enough to warrant disciplinary action. However, the Fair Work Commission disagreed, finding that the hospital had failed to adequately address Rooke’s concerns and create a safe and respectful workplace. The $40,000 compensation awarded to Rooke includes damages for hurt feelings, distress, and the impact on her professional reputation.
This case serves as a reminder to all employers in Australia to prioritise workplace culture and ensure employees understand the importance of respectful communication. It underscores the fact that even seemingly minor incidents can escalate into serious workplace disputes, requiring careful management and a commitment to creating a positive and supportive environment for all staff. The ruling is likely to be watched closely by HR professionals and legal experts, as it sets a precedent for how similar cases will be handled in the future.
The hospital has declined to comment on the ruling, but it is expected to review its workplace policies and procedures to prevent similar incidents from occurring in the future. Rooke, meanwhile, has expressed relief at the outcome of the case and hopes it will encourage other healthcare workers to speak out against inappropriate behaviour in the workplace.
