5 days ago
Toyota Australia employee left 'mortified' by memo sent to staff after a complaint about 'short skirt club' from customer
A woman who claimed she was forced to resign from her job at a Queensland car dealership after being questioned about the length of her skirt has had her unfair dismissal case thrown out.
Product specialist Amy Tonkin lodged a complaint with the Fair Work Commission in February, accusing Mike Carney Toyota in Townsville of constructive dismissal following what she described as a humiliating HR investigation into her attire.
The saga began on January 2 when Ms Tonkin was told to 'try on a larger skirt size' to ensure it would reach knee length or lower, during a meeting with HR staffer Lyndel Spokes.
Ms Spokes said the review of the dealership's uniform policy was prompted by a customer complaint to management, alleging there was a 'short skirt club' at the business.
Ms Spokes said the dealership did not believe the complaint was accurate but nonetheless took steps to ensure staff complied with the uniform policy.
Ms Tonkin said that although the conversation with Ms Spokes made her uncomfortable, she understood the skirt she wore was non-compliant and intended to try on new skirts over the following weekend.
However, she said she did not have time to try them on.
The following Monday, Ms Spokes circulated a memo summarising the conversation to Ms Tonkin and her line managers.
The memo noted that Ms Tonkin's body proportions had made it challenging to find a skirt that fit properly.
Ms Tonkin said she was 'mortified' by the memo.
The next day, she responded to Ms Spokes, asking why her managers had been copied in.
'I do however want to say that I was quite upset by the comments about my body shape, and remind the business how much embarrassment I have suffered as a result, and I was mortified that these were copied to other managers within the business. This action wasn't necessary,' she said.
Ms Spokes replied with an apology, and Ms Tonkin asked if any other female staff had received similar treatment about their skirt length.
A meeting was then held in the 'war room' on January 10, where Ms Tonkin was told it was innapropriate to request 'confidential HR information' about whether other staff were told to wear a longer skirt.
After the meeting Ms Tonkin said she suffered a mental breakdown during an appointment with her doctor.
She said she felt as though her body was the problem, and that it was her fault she didn't fit into the uniform.
Her doctor provided a medical certificate declaring her unfit for work, and she returned to work 10 days later.
At another meeting on January 14 with the dealership's former general manager, he reportedly told her 'it just never should have happened' and apologised.
A further meeting was held on January 24, where the general manager once again 'reiterated that this is a simple request to wear some appropriate clothing' and inquired 'if she could go to the shops now and buy some trousers that conform,' his notes reveal.
She agreed to go purchase new clothing and move on, but decided to resign after reflecting on her treatment from the employer.
On January 28, she formally resigned from the car dealership after her request for an apology was denied.
But in a ruling handed down last Friday, Fair Work Commission Deputy President Nicholas Lake dismissed Ms Tonkin's claim, stating she had not been unlawfully dismissed, as she had chosen to resign.
However, Deputy President Lake criticised the employer's handling of the incident, calling it insensitive and suggesting the investigation into Ms Tonkin's appearance was inappropriate and poorly managed.
'Discussing an employee's skirt length in the context of a uniform policy is within management's prerogative,' he said.
'However, it should be obvious to any employer that a discussion regarding the length of an employee's skirt should be handled sensitively.'
'I agree that she should have been provided with an apology.'
Despite the criticism, the Commission found that the conduct did not meet the threshold for unfair dismissal, and Ms Tonkin's claim was formally rejected.
