Fair Work Ombudsman Fines Real Estate Agent for Firing Young-Looking Employee
The Fair Work Ombudsman fined $1,200 the Sandringham branch of Buxton, a real estate agent, over the firing of a 23-year-old woman whom the agent found too young-looking and short for the job.
Sarah Kershaw, who stands 180 centimetres tall, was employed as a personal assistant in June 2010, but after a month she was fired. A male sales consultant told her some of the firm's directors expressed concern that because of her youthful look and lack of height and presence she may not be able to effectively negotiate at auctions.
Ms Kershaw's dismissal led her to file a complaint with the ombudsman.
Besides paying the fine, Buxton was made to agree to an enforceable undertaking in which the real estate agent would apologise to Ms Kershaw, compensate her for six weeks after her firing which was the period she could not get employed, and to change its workplace policies.
Buxton also agreed to have new recruitment and termination policies, mandatory workplace relations training for the company's directors and to inform the other Buxton franchisees of its violation.
Now 25, Ms Kershaw said she is not interested in a real estate job anymore and is currently employed in administration and completing a food sciences degree.
It wasn't just Buxton that was fined for Fair Work rules breaches. The Federal Magistrates Court in Melbourne penalised Henna Group $220,000 for deliberate underpayment of staff. Henna is behind the label Scarpe Shoes.
Federal Magistrate Grant Riethmuller discovered that the firm deliberately underpaid their four employees a total of $16,000. The underpayment of minimum hourly rates, penalty rates and leave entitlements involved three store managers and a sales assistant, who were paid irregularly and did not get meal breaks.
Henna was slapped a total fine of $160,000 but its group manager, Sahil Rasul, and director and owner, Bulbula Amin, were also penalised $30,000 each. The total amount involved was a Victorian record high for the Fair Work Ombudsman.