A former soldier with post-traumatic stress disorder (PTSD) who sued the NT Department of Legislative Assembly for lost wages and medical expenses has had his lawsuit dismissed in the Work Health Court.
Former sergeant-at-arms of the NT Parliament Ben Harris alleged in court last year that parliamentary clerk Michael Tatham had unfairly demoted him, bullied him and mocked his PTSD after the condition flared up in 2016.
The court heard that Mr Harris had taken unapproved leave in January 2016, after hearing of the suicide attempt of a soldier with whom he had served in Afghanistan.
Upon returning to work, Mr Harris alleged that Mr Tatham mocked his PTSD, telling the former soldier that he was playing him "for a fool" and that there was "nothing wrong" with him.
But Mr Tatham had contended that was taken out of context and that he was offering help.
"What I was saying to him was … 'you're playing me for a fool — I need you to help me help you'," he said.
Mr Harris had said he was demoted from his senior role and tasked with menial jobs, such as moving boxes and checking light bulbs.
He was later suspended for a year and had his position filled before the workplace grievances had been resolved.
Judge Elisabeth Armitage accepted Mr Harris suffered from PTSD, but dismissed the lawsuit on Friday, ruling that Mr Tatham's conduct fell under "reasonable management action".
In her written decision, Judge Armitage said she preferred Mr Tatham's evidence to Mr Harris's.
"Mr Tatham presented as an experienced public servant who maintained detailed records," she wrote.
Her findings also relied, in part, on excerpts from an independent workplace investigation conducted by Perth-based Invision and lead investigator Tony Langmair.
Speaker Kezia Purick hired Mr Langmair to carry out the investigation in 2016, after Mr Harris first raised bullying allegations against Mr Tatham.
The court heard the report found the allegations to be unfounded.
It is unclear whether Mr Harris will appeal the decision.
