VIC Employment Law - Employee Dismissed Due to Different Ideology?

[Tylr]

Ok, without forewords,

From a strictly legal point of view, can an employer dismiss an employee because he/she does not support feminism or doesn't wish to be associated with feminism ideology?

Just to state the obvious, this is not to suggest condoning violence and/or denying equality to any person. Also, we're not speaking someone who walks around trying to cause a stir and controversy. Simply a person who does not wish to be associated with feminism ideology, can he/she be dismissed only on that basis?

This is not to start a debate on what is and what is not, I’m sincerely seeking a legal direction under employment law without provoking unnecessary discussion.

Feel free to ask me to elaborate. Appreciate your time.

Thank you.

 

[Rod]

can he/she be dismissed only on that basis?

As a general rule - no.

I can imagine some women's organisations, such as Shelters/sexual abuse non-profits, etc, may require some degree of empathy to be an effective and productive employee and without it there is a mismatch. Though not sure how someone without empathy would get through the hiring process without lying, which then becomes grounds for dismissal. Dishonesty is a breach of good faith and grounds for dismissal.

I’m sincerely seeking a legal direction under employment law.

You need to hire a lawyer for legal directions, not post here.

without provoking unnecessary discussion.

Attempting to place this condition in a forum that welcomes discussion of alternative views and debate, as well providing assistance, will not necessarily be followed. If this is an essential condition suggest you go see a lawyer.

 

[Iamthelaw]

No. It would likely be unfair dismissal, even provided that the procedural requirements have been met (s382) as well as the other requirements ie under high income threshold, on the basis described it would be harsh, unjust or unreasonable (s387).

 

[Tylr]

As a general rule - no.

I can imagine some women's organisations, such as Shelters/sexual abuse non-profits, etc, may require some degree of empathy to be an effective and productive employee and without it there is a mismatch. Though not sure how someone without empathy would get through the hiring process without lying, which then becomes grounds for dismissal. Dishonesty is a breach of good faith and grounds for dismissal.



You need to hire a lawyer for legal directions, not post here.



Attempting to place this condition in a forum that welcomes discussion of alternative views and debate, as well providing assistance, will not necessarily be followed. If this is an essential condition suggest you go see a lawyer.

Appreciate your input, Rod. It goes without saying that I'm also not suggesting that the subject has presented him/herself in a manner that would lead the employer to make a hire decision based on a distorted profile.

I wasn't attempting to silence anyone. Merely trying to minimise the chances of detouring my post from its objective.

Appreciate your time and input.

 

[Tylr]

No. It would likely be unfair dismissal, even provided that the procedural requirements have been met (s382) as well as the other requirements ie under high income threshold, on the basis described it would be harsh, unjust or unreasonable (s387).

Appreciate being to-the-point, @lamthelaw. Thanks.

 

[Matthew Lynch]

I would add that it might be better for you to bring a claim for breach of the general protections of the Fair Work Act 2009, on the basis you exercised a workplace right by making a complaint in relation to your employment and you were dismissed because of it. s 340 of the Act.

Matthew
Matthew Lynch, Bondi Junction Lawyer: Book Online | LawTap