Joel Wilkinson set to sue AFL over claims of racial abuse, sexual harassment

A former Suns player plans to sue the AFL, claiming he suffered ‘horrific’ racial abuse and sexual harassment during his career.

Former Gold Coast Suns player Joel Wilkinson.

Former Gold Coast Suns footballer Joel Wilkinson is planning to sue the AFL, claiming he suffered years of racial abuse and sexual harassment during his career.

The 26-year-old, who played 26 games with the Gold Coast before trying out for the NFL, will argue the AFL failed in its duty of care by allowing the bullying and mistreatment of him in a three-year career.

Wilkinson, whose father is Nigerian, was devastated when he was abused by former Western Bulldogs player Justin Sherman during his league debut in 2011.

He was also racially vilified by a Collingwood member in an AFL game the following year.

Will Barsby, an employment law expert with Shine Lawyers, said the AFL failed Wilkinson by allowing “horrific racial abuse, sexual taunting in the locker room, bullying and mistreatment”.

“In Australia, playing AFL is a full time job for many young people and like any job there are laws to protect your rights in the workplace,” he said.

“The AFL isn’t exempt from these laws just because it is a national past time. Sport is a business, players are employees. The AFL failed to protect Mr Wilkinson from vilification from his very first professional game.

“They have let our client down and allowed the abuse to continue, it’s cut short his career and he’s been punished for speaking out being shunned by clubs for his stance against racism. We wouldn’t let this happen in any Australian workplace, why should the footy field or change rooms be any different?”

Wilkinson, who is also represented by American lawyer Mika Hilaire, is seeking compensation through the Human Rights Commission for the loss of past and future wages and also for the pain, suffering and humiliation he has endured.

Justin Sherman and Daniel Giansiracusa talk with Wilkinson after his debut game, in 2011. Picture: Darren England

Underpinning the case, Shine Lawyers was subject to racial and religious abuse by AFL staff, players, coaches and officials at the Suns and also opposition players and spectators.

It is said he faced racially motivated sexual harassment in the change rooms by other players on numerous occasions.

They argue his employment contract was breached by this behaviour. His lawyers also claim he was not offered further work in the AFL industry by virtue of speaking about the racism directed towards him.

Wilkinson did participate in an AFL video campaign in 2014 titled Making A Stand.

“My first game, and I’m out there playing and I heard the remark from a player, an opposition player, ‘You black c**t,’” he recalls in the video.

“I remember just thinking, ‘How do I go about this?’

“I was at the point where I actually was prepared to fight him, just to put the spotlight on the issue and make it a big issue.

“I remember being in the rooms with the captains and the coach. They said to me, ‘Joel, what do you want to do?’

“I remember saying that I want something to happen, because I could actually feel him thinking he was superior to me, and he felt like I was worthless.

“I actually felt like he was trying to make me feel like I was a little kid, a little black kid, a little piece of dirt. And he was just a superior being.”

Wilkinson played for VFL club the Northern Bullants in 2014. He then ventured to the US, where he was signed by NFL team the Arizona Cardinals to try out as a cornerback.

He also attended a New York Giants camp last year when trying out as a defensive back.