Preference for ‘Asian staff’ costs Employer $12K

A long-term casual shop assistant has been awarded in excess of $10,000 compensation for her dismissal earlier this year, which the Fair Work Commission (FWC) found to be “disgraceful and grossly unfair” and likely impinged upon anti-discrimination laws which could leave the employer open to “other civil proceedings, for which civil penalties might apply”.

Deputy President Sams of the FWC initially found in September the worker, who had worked at the ‘Foodworks’ store under various owners for approximately 20 years, was unfairly dismissed by the current owner, who had terminated her in April after the employee cancelled one shift.

Despite the employer’s attempts to argue the worker was dismissed for cash shortages for which she had been warned “so many times” as well as “absences” without reason or notice, Deputy President Sams conducted his own ‘inquiry’ and instead found numerous past job advertisements on Chinese-Australian job forums in which the owner specified “Asian Lady preferred”, “Asian staff preferred” and “more prefer oversea (sic) people”. Deputy President Sams said the job advertisements supported his view that the owner’s “real motive for dismissing her was his preference to hire staff of Asian-speaking backgrounds”.

After taking submissions on compensation, Deputy President Sams recently awarded the employee “full compensation” of $11,803, disregarding the employer’s claims such an amount would destroy his business.

Ayton v You Come Pty Ltd t/a Foodworks Ashmont [2019] FWC 7029 (14 October 2019)

Ayton v You Come Pty Ltd t/a Foodworks Ashmont [2019] FWC 6585 (25 September 2019)