Two former employees of Black Star Pastry are taking legal action against the bakery after allegedly being fired for wearing a keffiyeh on shift.
According to the Sydney Morning Herald, the 22-year-old employees — who would like to be referred to by only their first names Ella and Lucy — chose to wear black-and-white patterned scarfs to their shift at Chadstone Shopping Centre to show their support of the national pro-Palestine campaign “keffiyeh week”.
In the middle of their shift, Ella claims she received a call from HR telling them to remove the keffiyehs. They obeyed and got on with their work. But the next day, two senior employees allegedly told them that they were fired, effective immediately. The Sydney Morning Herald reported that their termination letters cited the keffiyeh as the reason for their dismissal, with the company claiming the item was “divisive and inflammatory” and wearing one to the workplace was not only a “deliberate negligent act” but “serious enough to bring Black Star Pastry into disrepute”.
“We respect our staff’s right to express their political views when they are not representing Black Star Pastry. Your actions have caused serious and imminent risk to the reputation and viability of our business,” the letter read, as per The Sydney Morning Herald.
Speaking to the publication, Lucy and Ella revealed that they were completely shocked by their dismissal as they believed the black-and-white keffiyeh fit the black-and-white uniform policy held by Black Star Pastry.
“It made me feel pretty frustrated, angry. Like the world really hates Palestine,” Lucy said.
Lucy and Ella, who said they regularly attend weekly protests against the war in Gaza, said they were encouraged to seek legal advice from a fellow protester.
Now, they’re taking legal action against Black Star Pastry for allegedly breaching the Equal Opportunity Act. The girls and their pro-bono lawyer Kelly Thomas claim they lost their jobs due to discrimination based on a political belief or activity. Thomas believes that because the letter references the keffiyehs as the reason for their sacking, they’ve got a solid case.
“The link is irresistible. There’s a political belief or activity, it’s expressed. The next minute, they don’t have a job. It’s so heavy-handed, this approach, to two young workers who are engaging in a really peaceful showing of support for the Palestinian community,” Thomas alleged.
While Black Star Pastry won’t comment on the case as it is before the Civil and Administrative Tribunal, general manager Danielle Lasovsky gave a general statement to the Sydney Morning Herald.
“Black Star Pastry is committed to providing a safe, positive, and productive working environment where everyone is treated with dignity and respect. It respects the right of its employees to express their political views when not representing Black Star Pastry.”
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