A RECENT New South Wales decision highlights the fact employers are responsible for providing a discrimination free workplace to their employees and can pay a hefty price if they don’t
A RECENT New South Wales decision highlights the fact employers are responsible for providing a discrimination free workplace to their employees and can pay a hefty price if they don’t.
The NSW Administrative Decisions Tribunal recently ordered transport company Toll Pty Ltd (trading as Toll Express) to pay $25,000 to an Australian-Lebanese employee after finding he had been racially abused at work.
“The Tribunal determined a manager had racially abused an employee by failing to take action when a supervisor and other employees called him a ‘bomb chucker’ and other racially offensive names,” said WA Equal Opportunity Commissioner Yvonne Henderson.
“They also made demeaning remarks about his wife and her mode of dress.”
The employee was called names two or three times a week, but was afraid to speak up because he feared he would be picked on or forced to leave. He also had to pay his mortgage and support his family.
Henderson said people are entitled to work in an environment free from racial slurs and racially abusive nicknames.
“It’s the employer’s responsibility to ensure a racially ‘toxic’ workplace does not develop, and if it does develop then it’s their responsibility to put a stop to it immediately.”
The Tribunal found the employee was repeatedly demeaned by being called various nicknames, and was told to change his name to ‘John’ to make it easer for others to pronounce.
The New South Wales Administrative Decisions Tribunal found the man had been racially abused in his workplace and that this conduct caused him distress, humiliation and embarrassment.
