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Two young workers who were sacked after donning Palestinian keffiyehs while working at a bakery in Melbourne’s Chadstone shopping centre take legal action for discriminatory termination.
Young baristas at Black Star Pastry, Ella and Lucy, were fired from their job after they wore keffiyehs, a traditional scarf/headdress, which has been intertwined with the Palestinian movement.
As reported by other media outlets, during their shift on 30 January, the pair, both 22, wore the keffiyehs to support National Keffiyeh Week. That same day, the company’s HR department ordered them to remove the keffiyehs, to which they obliged.
The next day, the pair were informed that their employment would be terminated immediately.
In March, they both decided to launch legal action against their former employer, alleging the termination was discriminatory and was in breach of Victoria’s Equal Opportunity Act.
In Victoria, it is unlawful to discriminate against someone, in their employment, on the basis of their political belief or activity.
Both parties, however, were able to come to an agreement before legal proceedings began. A joint statement was published on the website of Black Star Pastry, explaining that the matter had been resolved behind closed doors.
“Black Star Pastry and Ella and Lucy have met privately to discuss the proceedings and have worked together to resolve all matters between them and have now had the opportunity to be heard. Black Star Pastry understands that Ella and Lucy feel passionately about the cause they were representing,” said the statement.
“Black Star reiterates that it takes no issue with employees expressing personal views when not representing the business.”
“All persons agree that this is a sensitive and emotional global issue for many people, which is also impacting Australians in many ways.”
The pair were represented by Kelly Thomas, principal solicitor at the Young Workers Centre, who offered a statement on the result of the meeting between the two parties.
“The Young Workers Centre (YWC) is thrilled to successfully resolve this discrimination case without a formal hearing,” Thomas said.
“Ella and Lucy demonstrated peaceful solidarity with Palestine, which resulted in them losing their livelihood. The YWC is proud to stand with Ella and Lucy in reaching this outcome.”
This is not an isolated incident in terms of an employee being let go regarding their political opinion about the Palestine-Israel conflict.
As previously reported on HR Leader, Antoinette Lattouf, a senior journalist and presenter, was fired from her position as a host on the Australian Broadcasting Corporation (ABC) over pro-Palestine Instagram stories.
The journalist claimed that external pressure from outside sources led to her dismissal based on her political opinion and race. In response, she also initiated a wrongful termination case against the ABC, claiming it gave her clearance to post from reputable sources such as Human Rights Watch.
Kace O'Neill
Kace O'Neill is a Graduate Journalist for HR Leader. Kace studied Media Communications and Maori studies at the University of Otago, he has a passion for sports and storytelling.
