Darwin man’s anti-discrimination case against NT Health after allegedly told to trim beard before security shift

A security guard has spent three years locked in an anti-discrimination battle with NT Health after he was allegedly told to ‘trim’ his beard or go home before shift.

Darwin man Md Ariful Haque has taken the Health Department to the Northern Territory Civil and Administrative Tribunal over an alleged breach of the Anti-Discrimination Act in June 2022. Picture: Pema Tamang Pakhrin

A security guard who claims he was kicked off a hospital shift due to his bushy beard said he has spent “three years of my life” waiting for justice.

Darwin man Md Ariful Haque has taken the Health Department to the Northern Territory Civil and Administrative Tribunal over an alleged breach of the Anti-Discrimination Act in June 2022.

According to documents held by the Tribunal obtained by the NT News, Mr Haque was hired by a private company to provide security at the Royal Darwin Hospital when he was turned away from his shift.

It was alleged that he was told that he could not work due to his facial hair and beard, saying it “did not comply with health and safety rules”. 

Despite having worked the hospital shift for around two months, Mr Haque claims he was told to go home and “trim your beard”.

“I said ‘I can’t do that’,” Mr Haque said.

The devoutly religious man said he could not cut his beard due to his faith, as he like many Muslim men believe growing and maintaining their beards was an act of their devotion to God and connection to the Prophet.

Darwin man Md Ariful Haque has taken the Health Department to the Northern Territory Civil and Administrative Tribunal over an alleged breach of the Anti-Discrimination Act in June 2022. Photo: DAVID GRAY / AFP

Court documents said Mr Haque then asked to renew his hospital ID card, but he alleged he was refused and told “only if he comes back with a trimmed beard”.

“That hurt me a lot,” he said.

Mr Haque said at the time the health system was in the grips of the Covid crisis, and the security company claimed his beard meant he could not properly wear a mask.

However, Mr Haque said there were well-known techniques to manage facial hair under masks, with other doctors, nurses and hospital staff safely attending work while still maintaining their beards.

“If they can work, why not me?” he asked.

Mr Haque said he initially made a complaint to the Fair Work Commission, but withdrew it in August 2022 in order to take his story to Anti-Discrimination Commission.

“If you (Fair Work) mediate this they would maybe pay me some money, but it will not be solved because they will do this thing to another (person),” he said.

“This mindset needs to be change, Australia is a place of multiculture.

“It’s not a matter of only me, it’s a matter for everyone.”

In December 2024, the Anti-Discrimination Commissioner’s office referred his case to the NTCAT, alleging this was an act of racial and religious discrimination against Mr Haque. Photo: DAVID GRAY / AFP

In December 2024, the Anti-Discrimination Commissioner’s office referred his case to the NTCAT to determine if the incident constituted racial and religious discrimination against Mr Haque or a failure to accommodate a special need due to his religion while at work.

Mr Haque said throughout the three-year legal ordeal lawyers had cross-examined his faith, the religious significance of his beard, and claimed there was no way to be Covid-safe with a beard.

“They’re questioning everything,” he said.

“Whatever you say, they say ‘no’.”

NT Health said it was unable to comment on any matters currently before NTCAT.

“NT Health staff are required to comply with all relevant policies and procedures as part of our commitment to provide safe, high quality and inclusive workplaces,” a spokesman said.

Mr Haque’s former employer was also contacted for comment, but did not respond by deadline.

The NTCAT hearings have been set nearly three years after Mr Haque took his complaint to the Anti-Discrimination Commission, with the Top End man questioning the wait-times for it to be finalised.

“It keeps stretching, and stretching and stretching,” he said.

In the NTCAT’s annual report President Mark O’Reilly flagged that over the past 10 years, the lower court had gone from overseeing 819 cases a year covering 31 pieces of legislation in 2015, to more than 3000 cases a year spanning 79 distinct pieces of legislation.

“Strikingly, there has been no significant increase in funding for the Tribunal since 2016-2017,” Mr O’Reilly said.

The latest NT Budget cut the tribunal’s funding by $114,000 to a total of $3.36m in 2025-26.