A Western Australian worker was reportedly fired after he incorrectly addressed a non-binary colleague using a gendered pronoun, the incident leading to confidential legal action.
The case has been reported by The West Australian who detail that the dispute arose after an older worker in his 60’s introduced a younger worker who is non-binary as “he’, despite previously being told of their colleagues preference for being addressed as “they”.
The names of the people involved or the business that they worked for have not been revealed, but details of the incident have been discussed in legal circles with lawyers highlighting the significance of the final outcome.
The legal dispute came after a man in his 60’s introduced a younger colleague as “he” during a training session, despite being having told the younger worker identified as non-binary and used the pronouns “they” and “them”, and the colleague displaying their preference on their name badge.
Another staff member corrected the man, and he apologised and the two reportedly went on to work together throughout the remainder of the day taking part in role play exercises and activities.
The older man was later allegedly told by his manager that a formal complaint had been made and he’d be required to deliver a written apology. When he refused it created a backlash among many younger staff members at the company and after the company completed an internal investigation he was shown the door.
He later claimed unfair dismissal hoping to take the incident to the federal court, but it was sent to the Fair Work Commission. Eventually a confidential settlement was reached, and specific details of the case have not been made public.
Legal experts have commented on the case and highlighted the importance of businesses staying up to date with changes to legislation and ensuring that they have policies that cover respect in the the workplace.
