Compensation win for former Gove refinery worker dying of asbestos-related illness the 'tip of the iceberg'
Post Date: 14 Mar 2015 Viewed: 309
Zorko Zabic, 74, worked at the Gove alumina refinery in the 1970s cleaning asbestos from pipes, and was diagnosed with mesothelioma after suffering chest pains early last year.
In January, the Supreme Court ruled Mr Zabic developed the malignant mesothelioma as a result of exposure to asbestos dust and negligence by the mine operators Alcan Gove, which has since been bought by mining giant Rio Tinto.
But the court ruled against the claim because the symptoms emerged after the Workers Rehabilitation and Compensation Act came into force in 1987.
Chief Justice Riley told the Court of Appeal that Mr Zabic's appeal had been granted, but was not in a position to publish the court's reasoning.
Mr Zabic's lawyer, Roger Singh from Shine Lawyers, said the ruling for his client would have widespread implications for the Territory.
"Today's decision is a win for workers, a win for their families and a win for humanity," he said on Friday.
"This case is just the tip of the iceberg.
"This decision will pave the way for the many asbestos victims in the Northern Territory who have previously been denied justice to come forward and seek redress for themselves and their families.
"The ruling will bring laws in the Northern Territory in line with other Australian states and will enable victims to right the wrongs of the past."
The court last heard in January that Mr Zabic had less than six months to live.
A spokesperson for Rio Tinto said the company was deeply saddened to hear of Mr Zabic's illness.
"While Rio Tinto did not own or operate the Gove site when Mr Zabic was employed in the 1970s, we have sought to resolve this matter fairly as the current owner of the site," the spokesperson said.
"Given that the NT had abolished the right to bring common law claims from 1987, it was our understanding that the correct process under Northern Territory legislation was for Mr Zabic to lodge a statutory workers' compensation claim."
The refinery was closed down by Rio Tinto in 2014, with the company saying expensive energy costs had made the remote facility unviable.