A “brash” gross sales affiliate fired from a boutique liquor model will obtain a compensation payout after she was unfairly dismissed for “unfair and trivial” causes.
Kristy Steel challenged the choice of Diablo Co to terminate her employment earlier than the Fair Work Commission in Brisbane.
Diablo Co, which produces ginger beer, liqueurs and spirits on Queensland’s Sunshine Coast, is owned by hospitality veterans Dimitris Limnatitis and Charlene Dellaway.
She had been working for the corporate for about 10 months, promoting branded cans to purchasers, when she was referred to as into a gathering together with her boss.
She was advised her employment was being terminated as a result of she’d harassed and made “racist comments” to a fellow worker on June 20 final 12 months.
Little documentation in regards to the nature of the feedback was recorded by Diablo Co, however the Commission heard they amounted to creating a joke in regards to the worker being from Brazil when she was truly from Argentina.
When corrected, she stated phrases to the impact of; “same, same” or “they’re the same”.
Giving proof earlier than the Commission, Mr Limnatitis and Ms Dellaway claimed there had been numerous different incidents of racism and poor behaviour, nevertheless these weren’t documented and Ms Steel was not spoken to about them.
“So I guess as a small business, medium, whatever, when you‘re presented with something as serious as a racist comment, you’ve got to do something about it,” Ms Dellaway advised the Commission.
“My husband and I have a zero tolerance for racism … and I guess looking at behavioural issues in the past with Ms Steel, we made the decision to terminate.”
Handing down her determination on January 4, Commissioner Jennifer Hunt stated the “trivial” feedback weren’t a legitimate purpose to terminate Ms Steel’s employment.
“The respondent’s management of the matter before it was appalling,” she stated.
“I find that the respondent’s actions in dismissing Ms Steel was capricious and spiteful and very unfair to label her a racist person.”
Commissioner Hunt stated it was her view Diablo Co had used the feedback as an “opportunity to dismiss Ms Steel” due to a deteriorating relationship together with her supervisor.
Ms Steel was awarded six months again pay as compensation, much less what she had earned after accepting a brand new job.
Diablo Co was ordered to pay her $13,557.69 and contribute $1,355.77 to her superannuation fund.
