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Melbourne worker loses unfair dismissal case after ‘fat-shaming’ boss
News.com (Australia) ^ | 1/9/2019 | Alex Carey

Posted on 01/09/2019 12:05:35 PM PST by simpson96

A workplace stoush over office heating has ended with one woman losing her job following a Fair Work Commission battle.

The relatable incident occurred on May 26 at the Melbourne office of market research company ORC International.

Things went downhill when market ­research interviewer Julia Bastoni asked for the heating to be turned on — however, her unnamed boss denied the request, saying she didn’t feel cold.

The worker, who had already been given two official warnings, ended up being sacked over the comments which left her manager feeling humiliated.(snip)

As a result of her termination, Ms Bastoni lodged an unfair dismissal claim, arguing before the commission that her comments were not intended as “fat-shaming” as her former company’s lawyer claimed.

“There seems to be some basic science to the effect that skinny people experience the cold more than overweight people,’’ she said.

“It might seem indelicate to point out that the reason why (the supervisor) did not feel the cold that the other staff did could be a basic biological factor, such as ­insulating fat layers. “However it is nevertheless probably a correct explanation that was put to (the supervisor) to explain why she should provide relief to the staff who were feeling the cold.”

She said her comments were instead intended to be “euphemistic instead of demeaning” and that they had delivered a “result for the greater good of her colleagues — a warmer work environment on a cold Melbourne morning”.

However, commission deputy president Richard Clancy ruled in favour of the termination.

He said the worker’s comments were part of a wider pattern of “unacceptable” behaviour.

“I regard Ms Bastoni’s behaviour as being completely disrespectable and unacceptable,” he said.

(Excerpt) Read more at news.com.au ...


TOPICS: Chit/Chat
KEYWORDS:

1 posted on 01/09/2019 12:05:36 PM PST by simpson96
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To: simpson96

Since Miss Bastoni seemed to feel that she could take liberties “for the greater good”, she’s probably some whacked-out liberal. If so, glad she didn’t win this case.


2 posted on 01/09/2019 12:10:44 PM PST by NEMDF
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To: simpson96

I’ve been in this position. I brought a heavy sweater to work.


3 posted on 01/09/2019 12:11:27 PM PST by CaptainK ('No collusion, no obstruction, he's a leaker')
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To: simpson96

Down Under Speak.

Who was fat shamed? Boss or employee? Why was the boss humiliated?

Can someone translate this into English?


4 posted on 01/09/2019 12:12:43 PM PST by Responsibility2nd
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To: simpson96

The thin person can always put another layer on - a sweater or cardigan. For the heavier person, there is a limit to how little clothing is acceptable in an office environment. And a person who is hot, flushed, and sweating all day is not going to be very productive.

Although I’ve got some extra pounds myself, I’m generally one of those who tends to find it cool in the office, especially with the drafts from the HVAC system. But I’m considerate of those who tend to run hotter. As I say, I can always put a sweater on, but when they’re already down to shorts and a short-sleeved shirt, I’d rather that they didn’t try to lose any more clothing to cool off, lol.


5 posted on 01/09/2019 12:12:52 PM PST by -YYZ- (Strong like bull, smart like tractor.)
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To: CaptainK

“I’ve been in this position. I brought a heavy sweater to work.”

GMTA!


6 posted on 01/09/2019 12:13:22 PM PST by -YYZ- (Strong like bull, smart like tractor.)
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To: Responsibility2nd

I think the boss was fat shamed.

Bad move


7 posted on 01/09/2019 12:14:02 PM PST by Morgana ( Always a bit of truth in dark humor.)
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To: simpson96

I’m not sure where I come down on this but I do know it’s never a good idea to point out to your Boss in any way, shape or form that they are fat. Especially if it’s a woman, because they are generally even more sensitive and insecure about their weight. They WILL come after you and pay backs are a bitch.


8 posted on 01/09/2019 12:18:49 PM PST by circlecity
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To: Morgana

I see. And I have no doubt skinny employee was wearing sleeveless tops as is the custom around my office.


9 posted on 01/09/2019 12:19:42 PM PST by Responsibility2nd
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To: Responsibility2nd

Right? What a terribly written article


10 posted on 01/09/2019 12:22:11 PM PST by datricker (Cut Taxes Repeal ACA Deport DACA - Americans First, Build the Wall, Lock her up MAGA!)
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To: simpson96

When I worked in oilfield fabrication shops the only protection from the cold and heat we had was tin sheds.


11 posted on 01/09/2019 12:23:46 PM PST by fella ("As it was before Noah so shall it be again,")
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To: -YYZ-

“The thin person can always put another layer on”

That’s not true, The thin person cannot always put another layer on. The fat person, however, can always lose weight. 60/60/24/7/52; always.


12 posted on 01/09/2019 12:27:25 PM PST by coaster123
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To: datricker

This is from “The land down under”, so it will make much more sense if you read it upside down.


13 posted on 01/09/2019 12:29:13 PM PST by Ed Condon (subliminal messages here in invisible ink)
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To: simpson96

If Australia would quit having winter in the summer this stuff wouldn’t be a problem.


14 posted on 01/09/2019 12:33:20 PM PST by Grimmy (equivocation is but the first step along the road to capitulation)
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To: simpson96

Yeah, probably not a good idea to call the boss a fatass.


15 posted on 01/09/2019 12:36:15 PM PST by SIDENET
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To: coaster123

Based on your comment, it could also be said that the thin person, however, can always gain weight. 60/60/24/7/52; always.

Fair enough.


16 posted on 01/09/2019 12:58:03 PM PST by NEMDF
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To: NEMDF

I’m glad you think I’m fair. Thanks!

But, I think your logic fails. A thin person cannot always put on weight because if they do they will cease being a thin person.


17 posted on 01/09/2019 1:14:19 PM PST by coaster123
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To: simpson96

They don’t say in the excerpt what the temperature was set up.

But it’s a basic fact that if you’re cold you can layer up. And if you’re not cold, there’s only so much you can take off. - Point Supervisor.

I once ran an office of women. I had a lock on the thermostat. Whenever one would complain, I would walk into the middle of the room and ask if it’s too cold or too hot. I’d get a variety of opinions and I’d go back into my office. I never had to change the setting.


18 posted on 01/09/2019 2:19:10 PM PST by DannyTN
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To: simpson96

My wife suffers from the reverse: Though her office has HVAC, the fat women in her office all use space heaters while my skinny wife swelters.

In this instance, I’m guessing the hearts of these older fat women are struggling so hard to keep body functions going that the extremities get a minimum amount of blood.


19 posted on 01/09/2019 3:27:21 PM PST by Mister Da (The mark of a wise man is not what he knows, but what he knows he doesn't know!)
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