Latest news with #MikeCarneyToyota
Daily Mail
6 days ago
- Automotive
- Daily Mail
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.
News.com.au
6 days ago
- Automotive
- News.com.au
‘Short skirt club': Toyota worker ‘mortified' over dress code memo
A Toyota employee says she was left 'mortified' at being asked to 'try on a larger skirt size' after a complaint about a 'short skirt club' at the dealership led to an internal memo discussing her 'body proportions'. Amy Tonkin lodged an application with the Fair Work Commission in February alleging she was effectively forced to resign by Mike Carney Toyota in Townsville, where she had worked as a salesperson since July 2023. In a decision on Friday, the tribunal tossed out Ms Tonkin's claim, finding she had resigned of her own volition in January, but agreed the HR incident had been 'poorly handled from start to finish'. The dealership had received a complaint from a business customer last October that there was a 'short skirt club' at the business, with management then conducting a review of the uniform policy and reminding staff to follow the dress code. On Thursday, January 2, Ms Tonkin had a meeting with a HR representative, who advised her that her skirt had been identified as being above the knee and that she should 'try on a larger skirt size'. The following Monday, the HR rep sent a memo to Ms Tonkin and copied in her line managers, noting that her 'body proportions have made it challenging to find a skirt that fits properly'. Ms Tonkin wrote back the next day asking why her managers had been copied in and stating that she felt 'mortified'. 'I was quite upset by the comments about my body shape, and remind the business how much embarrassment I have suffered as a result,' she wrote. She demanded to know if any other females at the company had been treated the same way, but was told it was 'inappropriate of her to ask for this information' at a follow-up meeting with her bosses on January 10. Later that day she attended a medical appointment, where she states she had a 'mental breakdown' after telling her doctor she felt as if her body was the problem and it was her fault she did not fit into the uniform. She was given a medical certificate and went on stress leave. At another meeting on January 14 with the dealership's former general manager, he reportedly told her 'it just never should have happened'. When Ms Tonkin requested a formal apology, she was told it would be accompanied by an acknowledgment that 'this cannot be used further against the company in any way'. Ms Tonkin told the company she would not be signing anything that would 'silence her'. She returned from stress leave on January 20, but continued to wear the skirt which had been deemed inappropriate, telling her bosses she was still waiting for her uniform to arrive. Ms Tonkin was unhappy that she had still not received a formal apology. Another meeting was held on January 24, where the general manager 'reiterated that this is a simple request to wear some appropriate clothing' and asked 'if she could go to the shops now and buy some trousers that conform', according to his record of the conversation. Ms Tonkin agreed to purchase new clothing and move on, but on January 28 sent an email resigning from her position. In her exit form she said her treatment had 'resulted in myself being sexually harassed, discriminated and bullied' and the business 'reneged on the promise to formally apologise to me after this incident'. The general manager replied to Ms Tonkin in a letter, insisting the business had not done anything wrong. 'We have attempted to be reasonable in our dealings with you relating to your compliance with the dress code,' he wrote. 'That has not been reciprocated by you. To the contrary, you have been argumentative and confrontational in our dealings. We do not believe that there can be any suggestion that you have been sexually harassed, discriminated against, or bullied in the workplace. All matters relating to your compliance with the dress code have been appropriately and reasonably attended to by us.' In tossing out Ms Tonkin's application, Fair Work Commission deputy president Nicholas Lake noted that discussing an employee's skirt length in the context of a uniform policy 'is within management's prerogative'. 'However, it should be obvious to any employer that a discussion regarding the length of an employee's skirt should be handled sensitively,' he said. 'To include explicit reference to the applicant's 'body proportions' in a written memo advising her to obtain a larger skirt and then copy in several of the applicant's line managers, was not acceptable. The applicant felt understandably embarrassed by the memo.' He agreed Ms Tonkin should have been provided with an apology. But the failure to apologise 'does not amount to a forced dismissal'. Ms Tonkin 'has not sufficiently established how she went from accepting that she would purchase new trousers and move on, to being forced to resign a few days later', Mr Lake said. 'I am sympathetic to the applicant's concerns regarding the investigation process,' he added. 'However, in relation to the applicant's pre-existing mental health concerns relating to her body image, I have not seen any evidence that the respondent was aware of these prior to the applicant's resignation.'
