Bernie Banton: A Genuine Aussie Hero

I’m not big on cultural icons and nationalistic hero-worship, but I count one man as a genuine Aussie hero: Bernie Banton who today settled a landmark compensation case with just days to live.

Here is a man who lies dying in a hospital bed from a terminal lung disease he contracted at the hands of his negligent former employer who, even as he strained to catch his last breaths, continued to fight for justice and workers rights. And it is not in death that Bernie will be remembered, but in life.

Bernie Banton has stuggled for years with an asbestos related lung disease caused by his exposure to the deadly dust when he worked at a James Hardie insulation plant in the 60’s and 70’s. But Bernie is a natural born fighter – not just for survival, but for justice. After a long battle for compensation for his original diagnosis, he led the campaign against the recalcitrant company which embarked on offshore assets shifting and myriad other ploys to avoid its obligations to thousands of asbestos victims. That battle was finally won last year when James Hardie was forced to agree to pay billions of dollars in compensation to future victims of the asbestos it knowingly exposed them to.

But the long road to victory took a big toll on Bernie Banton’s health. Earlier this year he was diagnosed with a terminal form of Mesothelioma, a disease known to be caused exclusively by exposure to asbestos. He had watched his brother and countless friends die long, agonising deaths after receiving the same diagnosis. However, he refused to just lie down and die quietly. Just three weeks ago, he entered the Federal Election campaign after being thwarted by the Health Minister, Tony Abbott, to whom he was trying to present a petition for the registration of a drug believed to assist sufferers of asbestosis. Abbott attacked Bernie as a trade union stooge but was later forced to apologise. As his defenders indicated at the time, Bernie Banton is the human face of the need for trade union membership and presence in the Australian workplace. It wasn’t the government or corporate Australia who came to the rescue of dying workers, but one of their own backed by the union.

Then, in an effort to pave the way for other victims, Bernie Banton filed a civil action against James Hardie for his secondary diagnosis, including punitive damages. Despicably, after it was revealed that Bernie had only a few days to live, the company tried to drag out proceedings, which are required to be concluded within a claimant's lifetime. Then, when that ploy was thwarted by the Dust Diseases Tribunal, they continued to fight the case, challenging his very diagnosis. Bernie gave evidence in the case from his hospital bed earlier this week and it looked like the corporation would literally fight him to the death.

But this afternoon, as his wife, his tireless co-campaigner, Karen Banton, and former ACTU chief, now Labor Party candidate, Greg Combet waited to give evidence, settlement negotiations began between the parties. The deal was quickly sealed and although the terms are confidential, Karen Banton told a press conference held in the aftermath that it was an acceptable settlement. Fighting back tears, she, Bernie Banton’s lawyer, Tanya Segelov and Mr Combet fronted the media together to explain that this was not about money but justice.

The settlement is Bernie’s dying gift to other victims – it is an important precedent for them which should make it easier to claim secondary and exemplary damages. No, it won’t cure their disease, but it will recognise their pain, secure their families’ futures and serve as a warning to other recalcitrant employers. That’s an extraordinary gift from an amazing man who has led an exemplary life.

You’re an inspiration Bernie and your star will never die.