NAAJA CEO Priscilla Atkins alleges unfair dismissal in Federal Court

The Territory’s largest legal agency has been temporarily barred from firing its long-standing chief executive, despite telling the Federal Court it had lost all ‘trust and confidence’ in her.

The North Australian Aboriginal Justice Agency told the Australian Federal Court it had fired its long-running chief executive Priscilla Atkins on Monday, with the employment relationship “completely and utterly broken down”. Picture: (A)manda Parkinson

The Territory's largest legal agency has suffered a “complete loss of trust and confidence” in its chief executive of 15 years, the Federal Court has heard.

The North Australian Aboriginal Justice Agency told the Australian Federal Court it had sent a termination letter to its long-standing chief executive Priscilla Atkins on Monday, with the employment relationship “completely and utterly broken down”.

Ms Atkins filed a Federal Fair Work challenge against the Indigenous legal aid body on Monday seeking to restrain it from dismissing her.

Representatives for Ms Atkins and NAAJA appeared before Justice Natalie Charlesworth for the first time on Tuesday for a case management conference over an alleged breach of the general protections under the Fair Work Act.

Ms Atkins sought interlocutory relief stopping NAAJA from firing her from the top legal role, arguing her termination was invalid.

Her barrister Malcolm Harding SC said under the NAAJA constitution a board meeting must have a quorum — a minimum number of members present — in order to dismiss its chief.

NAAJA CEO Priscilla Atkins filed a Federal Fair Work challenge.

Mr Harding said 75 per cent of those board members had to then vote to terminate her employment.

He said Ms Atkin’s termination letter made no mention of a resolution by the board, while the decision was invalid as a Central Australian region board member said they were unable to attend. 

However, NAAJA’s representative Murray Kellock told Justice Charlesworth that any push to reinstate Ms Atkins was “dead in the water”.

Mr Kellock maintained her dismissal was lawful under the NAAJA constitution.

“The employment relationship has ceased,” he said.

“(There has been) a complete loss of trust and confidence between the parties.”

He said the employment relationship had “completely and utterly broken down” following an internal investigation by NAAJA.

The Eastern Arrernte woman was the head of the Indigenous legal aid service for 15 years, but was suspended with pay from her role late last year.

The court heard an investigation into allegations — which were not disclosed — had been running since November 2021.

The court heard Ms Atkins was presented with “certain allegations” in January and February, with the board asking for a response by mid-February.

Mr Harding said after handing in her response, Ms Atkins asked for an extension to February 24 to contact “certain former employees” to provide more details.

“(NAAJA) dismissed her the next working day,” he said.

Mr Harding said she was aware that her dismissal was a “possible outcome” from the investigation.

Justice Charlesworth said “conflict has been going on for some time” within NAAJA.

She placed a temporary injunction on NAAJA’s decision to terminate Ms Atkin’s employment, meaning she will continue in her current role until the board can prove her firing was constitutional.

Justice Charlesworth gave NAAJA 24 hours to present the minutes of the meeting, and the resolution voting to fire Ms Atkins.

“A resolution was either passed or not... and at the face of it, it will say how it was passed,” she said.

The hearing was adjourned to March 16 for a further case management conference.

Originally published as NAAJA CEO Priscilla Atkins alleges unfair dismissal in Federal Court