QLD Unfair dismissal?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now


17 October 2020
Hi guys hoping you can give me some advice
A friend of mine was dismissed due to a harassment claim against them. But I’m not 100% sure that their actions would be deemed harassment. Should they proceed with legal action or just take it on the chin!
The version of events is that they made a comment to a that had straight hair in nature. The comment that was said to her are as follows:
“Stop don’t move you have a curl, it looks cute”
Do you think this grounds for dismissal?
In the 10 years of this person working for the company they sought to say this was strike 3 and had no other choice but to dismiss them.
I cannot comment on the other 2 strikes but I don’t believe they were harassment in nature.
Can you kindly provide some advice


LawTap Verified
27 May 2014
“Stop don’t move you have a curl, it looks cute”
This is an inappropriate comment for a colleague to make, and if it was the 3rd time for the same time thing then it is probably fair.