Question
Read this case and answer the THREE questions below. Daisy Brown is employed as a financial consultant at Vision Finance in Sydney, NSW. Along with
Read this case and answer the THREE questions below.
Daisy Brown is employed as a financial consultant at Vision Finance in Sydney, NSW. Along with two other financial consultants (both male), she provides financial advice and planning to clients. Since Daisy was hired one year ago, the manager of Vision, Mr Bird has treated her differently than other employees. When she adjusted the air conditioning in the office, he yelled at her and told her to never do that again. She pointed out that her colleagues were allowed to adjust the temperature of the air conditioning. Mr Bird responded by saying, 'I don't want women breaking all the machines around here'. She started wearing the company uniform as directed, even though the male consultants did not wear the uniform. The uniform did not fit properly and made her look like a housekeeper. After six months, Daisy built up the courage to ask Mr Bird if she could wear her own clothes like her colleagues. Mr Bird clenched his fists and yelled, 'Of course you can't. They are men. They don't need a uniform'. Daisy has also discovered that Mr Bird directs clients away from her towards the other consultants, reducing her client numbers. He belittles and intimidates her in office meetings. At several Vision social events, Mr Bird has made jokes about how Daisy 'has a reputation for' sleeping with the male clients, and says the clients seem to like her uniform. Everybody laughs each time he tells the joke. Daisy feels humiliated. Daisy was once a bright and bubbly person, but a month ago her doctor diagnosed that she is suffering anxiety and depression.
QUESTION ONE
Is Daisy entitled to make a claim under the Fair Work Act that she has been bullied? Would she satisfy the key elements required for a complaint to succeed? What remedies would be relevant in Daisy's situation?
QUESTION TWO
As an alternative to an application under the Fair Work Act, does Discrimination Legislation provide Daisy with legal rights she could pursue against Vision Finance? Identify which statute or statutes might apply and the ground or grounds of discrimination that are applicable to Daisy's treatment under the laws you identify.
QUESTION THREE
What obligations under the common law and under occupational health and safety law could Mr Bird reasonably be seen to have breached in Daisy's case?
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