Curious story in The Age yesterday* about a case before the Fair Work Ombudsman involving a young woman who was sacked from her job as a personal assistant for a real estate agent because she was “too short” and “looked too young”.
She had been in the job two weeks when she was dismissed. She had recently assisted at an auction by recording bids, and in a phone conversation one of the directors of the company told her her height:
could be a disadvantage at an auction where there was one or more interested parties and she would not have the presence to effectively negotiate.
Another director emailed her to say:
Some of the directors at the auction on Saturday were worried by your overall young look. This will be an ongoing concern.
The Ombudsman fined the company for breaching the Fair Work Act under which it is “unlawful to discriminate against employees on the grounds of, among other things, age.” The company was also ordered to make clear to all their staff that federal workplace laws had been contravened.
What’s so curious, you ask?
What’s curious is that it came out in questioning that the reason given to the employee for her dismissal was not the real reason. The real reason, a director of the company admitted, was that the director who fired her
felt a little awkward admitting that he had very little on to justify an assistant and incorrectly used [her] age.
What’s curious is that neither the journalist writing the story, nor the Ombudsman, made any comment about the lie and the fact an employee was made to feel physically inadequate rather than have a director of the company feel awkward. Instead, the journalist and the Ombudsman concerned themselves only with the ostensible reason for the sacking. Why?
Well, for starters there are no fines for lying or being a jerk. Pity.
***
* Clay Lucas, “Sacked worker too short and too young”, The Age, April 2, 2012









