Former Gold Coast Suns player taking legal action over racial abuse allegations
Former Gold Coast Suns player Joel Wilkinson is taking legal action against the AFL as well as specific clubs, coaches and players after allegedly suffering years of racial abuse, sexual taunting, bullying and mistreatment.
Mr Wilkinson was born in Sydney and is of Nigerian decent. He played for the Suns between 2011 and 2013 before playing in the VFL with the Northern Blues. He was nominated for the AFLQ rising star award in 2010.
He alleges the AFL failed in its duty of care after he claimed he made "repeated requests for help and support".
An AFL spokesperson confirmed the league was aware that Wilkinson intended to lodge legal action and said the AFL would "respond to the legal process as required".
The legal case will allege Mr Wilkinson was the target of discrimination, vilification and harassment on both racial and religious grounds by AFL staff, his club, club officials, teammates as well as opposition players and spectators.
It will also be alleged the former Gold Coast player was subjected to racially motivated sexual harassment in the changerooms by other players on numerous occasions.
Allegations have also been levelled against the AFL including claims that Mr Wilkinson’s employment contract with the AFL and the Suns was breached as a result of the discrimination and harassment he suffered.
The legal case will also allege Mr Wilkinson was not offered future employment with the AFL or various clubs because he had spoken up about racism against him and because of his association with other players who were also subjected to racial discrimination.
There are two incidents on the public record where Wilkinson was racially vilified, once by an opponent and once by a spectator, with the AFL taking action at the time.
Former Western Bulldogs player Justin Sherman was suspended for four weeks for racial comments directed at Wilkinson during a game in 2011.
Collingwood also suspended a supporter's membership after he directed comments at Wilkinson during a game at the MCG in 2012, but the supporter was still able to attend games.
After the incident came to light, Wilkinson praised his Collingwood opponent Dale Thomas - who now plays with Carlton - for reporting the incident after the match.
Shine Lawyers employment law expert Will Barsby said his firm and American lawyer Mika Hilaire were advising Mr Wilkinson after discussions with the AFL failed.
“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."
Mr Hilaire said the former Sun's player's case showed that "enough is enough".
"Brave souls like Joel Wilkinson are speaking out against systemic and rampant racism experienced while employed by the AFL," he said.
"The time is now for the AFL to put its stance against anti-vilification to action."
Compensation will be sought in the Human Rights Commission for loss of past and future wages as well as pain, suffering and humiliation.
If the case proceeds to Federal Court aggravated or exemplary damages could be considered.
with Peter Ryan