In this episode of P.I. Case Note, personal injury lawyer Michelle Wright examines the Queensland Industrial Relations Commission’s decision in Lee v Workers’ Compensation Regulator [2025] QIRC 199, which exposes the harsh reality facing workers seeking workplace racism compensation claims. The case involved Mr. Lee, a head chef who suffered psychiatric injury after enduring racist abuse from a colleague, including being told to “speak English” and that “Kapok gave him a headache,” yet saw his claim rejected under the reasonable management action exclusion in section 32(5) of the Workers’ Compensation and Rehabilitation Act 2003 (Qld).
The Commission’s analysis reveals the significant challenges in pursuing workplace racism compensation claims when management responses are deemed “reasonable,” even if ineffective. Despite Mr. Lee experiencing racist behaviour from February 2021 onwards, including a colleague using “obscene and disgusting language” on 15 May 2021, the Commission found that management’s response—which included team meetings about respect and diversity—constituted reasonable action taken in a reasonable way. The decision highlights a troubling gap in the legislation where racist behaviour from colleagues, rather than management action itself, becomes the primary stressor, yet claims can still fail if management’s response meets the minimal threshold of reasonableness. This case demonstrates why alternative legal avenues, such as negligence claims for vicarious liability, may be more appropriate for workplace racism compensation claims.
Listen for Michelle Wright’s comprehensive analysis of this important decision and its implications for workers facing racial discrimination. Suppose you’re experiencing workplace psychological injuries due to racism or discrimination. In that case, the experienced team at Accident Legal understands these complex claims and can explore all available legal options beyond workers’ compensation. With over 30 years of experience across Queensland, we know how to build compelling cases for workplace racism compensation through alternative legal pathways. Contact us for a confidential consultation on (07) 3740 0200—we’ll help you navigate the limitations of workers’ compensation law and pursue justice through every available avenue.